07-22-2019 EDA Packet - Laserfiche WebLink

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15 approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, Skilled Nursing Units, and the Infrastructure Improvements constructed in accordance with said plans) comply to the Authority’s satisfaction with the provisions of this Agreement relating thereto. (b) If the Developer desires to make any Material Change in the Construction Plans or any component thereof after their approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The Authority’s approval of any such change in the Construction Plans will not be unreasonably withheld. (c) The requirements of this Section 4.2 do not have any effect on the City’s general planning process and the timelines for submitting various planning and land use applications. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Developer shall commence construction of the Infrastructure Improvements on or before May 31, 2020 and complete construction of the Infrastructure Improvements on or before December 31, 2021. Subject to Unavoidable Delays, the Developer shall commence construction of the Senior Housing Units and the Townhomes on or before May 31 , 2020 and complete construction of the Senior Housing Units and the Townhomes on or before December 31, 2024. Subject to Unavoidable Delays, the Developer shall commence construction of the Clubhouse on or before May 31, 2023 and complete construction of the Clubhouse on or before December 31, 2024. All work with respect to the Minimum Improvements, the Skilled Nursing Units, and the Infrastructure Improvements to be constructed or provided by the Developer shall be in substantial conformity with the Construction Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its successors, and assigns, and every successor in interest to the TIF District Property, or any part thereof, that the Developer, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the TIF District Property through the construction of the Minimum Improvements and Infrastructure Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3. After the date of this Agreement and until construction of the Minimum Improvements and Infrastructure Improvements have been completed, the Developer shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum Improvements, Skilled Nursing Units, and Infrastructure Improvements in accordance with those provisions of the Agreement relating