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05-24-1999 EDA
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05-24-1999 EDA
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Last modified
1/29/2025 9:15:29 AM
Creation date
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
5/24/1999
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
5/24/1999
EDA Document Type
Council Packets
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05-19-99 13:49 From-KENNEDY & GRAVEN +6123379310 T-806 P.18/31 F-170 <br /> based upon a review by the City's building official of the Construction Plans. No approval <br /> by the Authority or City shall relieve the Developer of the obligation to comply with the <br /> terms of this Agreement, applicable federal, State and local laws, ordinances, rules and <br /> regulations, or to construct the Minimum Improvements in accordance therewith. No <br /> approval by the Authority shall constitute a waiver of an Event of Default. If approval of <br /> the Construction Plans is requested by the Developer in writing at the time of submission, <br /> such Construction Plans shall be deemed approved unless rejected in writing by the <br /> Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, <br /> and shall be made within 30 days after the date of their receipt by the Authority. If the <br /> Authority rejects any Construction Plans in whole or in part, the Developer shall submit <br /> new or corrected Construction Plans within 30 days after written notification to the <br /> Developer of the rejection. The provisions of this Section 20.2 relating to approval, <br /> rejection and resubmission of corrected Construction Plans shall continue to apply until the <br /> Construction Plans have been approved by the Authority. The Authority's approval shall <br /> not be unreasonably withheld. Said approval shall constitute a conclusive determination <br /> that the Construction Plaits (and the Minimum Improvements constructed in accordance <br /> with said plans)comply to the Authority's satisfaction with the provisions of this Agreement <br /> relating thereto. <br /> (b) If the Developer desires to make any Material change in the Construction <br /> Plans after their approval by the Authority, the Developer shall submit the proposed change <br /> to the Authority for its approval, If the Construction Plans, as modified by the proposed <br /> change, conform to the requirements of this Section 20.2 of this Agreement with respect to <br /> such previously approved Construction Plans, the Authority shall approve the proposed <br /> change and notify the Developer in writing of its approval. Such change in the Construction <br /> Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or <br /> in part, by written notice by the Authority to the Developer, setting forth in detail the <br /> reasons therefor. Such rejection shall be made within ten (10) days after receipt of the <br /> notice of such change. The Authority's approval of any such change in the Construction <br /> Plans will not be unreasonably withheld. <br /> (c) The terms of this Section 20.2 shall apply only to the Construction Plans as <br /> herein defined. Any site plan approval, variances, and any other City permit or approval <br /> required for construction of the Minimum Improvements shall be applied for and processed <br /> in accordance with normal City procedures. <br /> 20.3. Commencement and Completion of Construction. Subject to Unavoidable <br /> Delays, the Developer shall commence construction of the Minimum Improvements within <br /> 60 days after the date of this Agreement. Subject to Unavoidable Delays, the Developer <br /> shall substantially complete the construction of the Minimum Improvements by <br /> December 7, 1999, All work with respect to the Minimum Improvements to be constructed <br /> or provided by the Developer on the Property shall be in conformity with the Construction <br /> Plans as submitted by the Developer and approved by the Authority. <br /> The Developer agrees for itself, its successors and assigns, and every successor in <br /> interest to the Property, or any part thereof, that the Developer, and such successors and <br /> assigns, shall promptly begin and diligently prosecute to completion the development of the <br /> om.162543 16 <br /> M11205-2 <br />
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