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CC PACKET 06122012
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CC PACKET 06122012
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60 <br />Section 5.9 Effect of Delay. The Developer acknowledges that if construction of the <br />Minimum Improvements is delayed, due to Unavoidable Delays or for any other reason, this <br />could affect the amount of Available Tax Increment, and thus the total amount which may be <br />available to pay the TIF Note. Developer acknowledges that if the completion of the <br />construction of the Minimum Improvements is delayed due to Unavoidable Delays or for any <br />other reason, there will be no compensation to Developer or any other party for any reduction in <br />the amount available to pay the TIP Note. <br />Section 5.10 Additional Responsibilities of the Developer. <br />(a) The Developer will construct, operate and maintain, or cause to be operated and <br />maintained, the Minimum Improvements in substantial accordance with the terms of this <br />Agreement, the Redevelopment Plan and all local, State, and Federal laws and regulations <br />(including, but not limited to zoning, building code, and public health laws and regulations), <br />except for variances necessary to construct the Minimum Improvements contemplated in the <br />Construction Plans approved by the City. <br />(b) The Developer will obtain, in a timely manner, all required permits, licenses, and <br />approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and <br />federal laws and regulations which must be obtained or met before the Minimum Improvements <br />may be lawfully constructed. The Authority agrees to use reasonable efforts to assist the <br />Developer in obtaining any permits, licenses and approvals necessary for the construction of the <br />Minimum Improvements in accordance with the Construction Plans approved by the Authority. <br />(c) The Developer will not construct any building or other structures on, over, or <br />within the boundary lines of any public utility easement unless such construction is provided for <br />in such easement or has been approved by the utility involved. <br />(d) The Developer, at its own expense, will replace any public facilities and public <br />utilities damaged during the construction of the Minimum Improvements, in accordance with the <br />technical specifications, standards and practices of the owner thereof. <br />(e) The Developer will prepare, submit and receive approval from the City and its <br />Planning Commission for the subdivision plat for the Development, as applicable and <br />appropriate. <br />(f) The Developer will comply or assure compliance with all applicable local, state <br />and federal environmental laws and regulations, as they relate to the Development Property and <br />the Minimum Improvements constructed thereon. <br />(g) The Developer will pay the park dedication fees upon Commencement of <br />Construction. <br />Section 5.11 Certificate of Completion. The Developer shall notify the Authority <br />when construction of the Minimum Improvements has been substantially completed. 'The <br />Authority shall promptly inspect Minimum Improvements in order to determine whether the <br />Minimum Improvements have been constructed in substantial conformity with the approved <br />Construction Plans. If the Authority determines that the Minimum Improvements have not been <br />16 <br />
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