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Agenda Packets - 2018/03/05
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Agenda Packets - 2018/03/05
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1/28/2025 4:46:46 PM
Creation date
6/13/2018 11:20:48 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
3/5/2018
Supplemental fields
City Council Document Type
City Council Packets
Date
3/5/2018
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must be made within twenty (20) days after receipt of the notice of such change. The Authority's <br />approval of any change in the Construction Plans will not be unreasonably withheld. <br />Section 4.3. Commencement and Completion of Construction. <br />(a) Subject to Unavoidable Delays and subject to any rules, regulations or varying <br />timeframes imposed by the United States Department of Housing and Urban Development, the Developer <br />must commence construction of the Project by December 31, 2018 and will substantially complete <br />construction of the Minimum Improvements by December 31, 2019. Construction is considered to be <br />commenced upon the beginning of physical improvements to the Development Property beyond grading. <br />(b) All work with respect to the Minimum Improvements to be constructed or provided by <br />the Developer on the Development Property must be in substantial conformity with the Construction <br />Plans as submitted by the Developer and approved by the Authority. The Developer agrees for itself, its <br />successors and assigns, and every successor in interest to the Development Property, or any part thereof, <br />that the Developer, and its successors and assigns, will promptly begin and diligently prosecute to <br />completion the development of the Development Property through the construction of the Minimum <br />Improvements thereon, and that the construction will in any event be commenced and completed within <br />the period specified in Section 4.3(a) hereof. Until construction of the Minimum Improvements has been <br />completed, the Developer will make reports, in the detail and at the times as may reasonably be requested <br />by the Authority, as to the actual progress of the Developer with respect to the construction. <br />Section 4.4. Certificate of Completion. <br />(a) Promptly after substantial completion of the Minimum Improvements in accordance with <br />those provisions of the Agreement, the Authority will furnish the Developer with a Certificate of <br />Completion in substantially the form attached hereto as EXHIBIT C. The certification by the Authority <br />will be a conclusive determination of satisfaction and termination of the agreements and covenants in the <br />Agreement and in any deed with respect to the obligations of the Developer, and its successors and <br />assigns, to construct the Minimum Improvements and the dates for the completion thereof. The <br />certification and the determination will not constitute evidence of compliance with or satisfaction of any <br />obligation of the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing money <br />loaned to finance the Minimum Improvements, or any part thereof. <br />(b) The Certificate of Completion provided for in this Section 4.4 will be in the form as will <br />enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining <br />to the Development Property. If the Authority refuses or fails to provide any certification in accordance <br />with the provisions of this Section 4.4, the Authority will, within thirty (30) days after written request by <br />the Developer, provide the Developer with a written statement, indicating in adequate detail in what <br />respects the Developer has failed to complete the Minimum Improvements in accordance with the <br />provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in <br />the opinion of the Authority, for the Developer to take or perform in order to obtain the certification. <br />(c) The construction of the Minimum Improvements will be considered substantially <br />complete when the Developer has received a certificate of occupancy from the City for all Housing Units. <br />Section 4.5. Rental Housing Affordability Covenants. The Developer agrees that at all times <br />from initial occupancy of the Minimum Improvements constructed within the TIF District through the <br />date that the TIF District is decertified, one hundred percent (100%) of the units within the Minimum <br />Improvements shall be reserved for occupancy by individuals whose income is sixty percent (60%) or less <br />of the area's median gross income constructed and satisfy the income requirements for a qualified <br />11 <br />5169110 JAE MU205-47 <br />
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