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07-01-2019 Council Packet
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07-01-2019 Council Packet
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10/30/2021 1:08:48 PM
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7/8/2019 12:27:13 PM
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City Council
Council Document Type
Council Packet
Meeting Date
07/01/2019
Council Meeting Type
Work Session Regular
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15 <br />proposed change to the Authority for its approval. If the Construction Plans, as modified by the <br />proposed change, conform to the requirements of this Section 4.2 with respect to such previously <br />approved Construction Plans, the Authority shall approve the proposed change and notify the <br />Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be <br />deemed approved by the Authority unless rejected, in whole or in part, by written notice by the <br />Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made <br />within ten (10) days after receipt of the notice of such change. The Authority’s approval of any <br />such change in the Construction Plans will not be unreasonably withheld. <br /> <br />(c) The requirements of this Section 4.2 do not have any effect on the City’s general <br />planning process and the timelines for submitting various planning and land use applications. <br /> <br />Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable <br />Delays, the Developer shall commence construction of the Independent Living Units, Assisted <br />Living Units, and Townhomes on or before April 30, 2020 and complete construction of these <br />components of the Minimum Improvements on or before December 31, 2024. Subject to <br />Unavoidable Delays, the Developer shall commence construction of the Clubhouse on or before <br />April 30, 2023 and complete construction of the Clubhouse on or before December 31, 2024. All <br />work with respect to the Minimum Improvements to be constructed or provided by the Developer <br />on the Development Property shall be in substantial conformity with the Construction Plans as <br />submitted by the Developer and approved by the Authority. <br /> <br />The Developer agrees for itself, its successors, and assigns, and every successor in interest to <br />the Development Property, or any part thereof, that the Developer, and such successors and assigns, <br />shall promptly begin and diligently prosecute to completion the development of the Development <br />Property through the construction of the Minimum Improvements thereon, and that such <br />construction shall in any event be commenced and completed within the period specified in this <br />Section 4.3. After the date of this Agreement and until construction of the Minimum Improvements <br />has been completed, the Developer shall make reports, in such detail and at such times as may <br />reasonably be requested by the Authority, as to the actual progress of the Developer with respect to <br />such construction. <br /> <br />Section 4.4. Certificate of Completion. <br /> <br />(a) Promptly after completion of the Minimum Improvements in accordance with those <br />provisions of the Agreement relating solely to the obligations of the Developer to construct the <br />Minimum Improvements (including the dates for beginning and completion thereof), the Authority <br />Representative will furnish the Developer with a Certificate of Completion shown as EXHIBIT B <br />attached hereto. <br /> <br />(b) If the Authority Representative shall refuse or fail to provide any certification in <br />accordance with the provisions of this Section 4.4, the Authority Representative shall, within thirty <br />(30) days after written request by the Developer, provide the Developer with a written statement, <br />indicating in adequate detail in what respects the Developer has failed to complete the Minimum <br />Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and
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