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2019.04.03 EDC Packet
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2019.04.03 EDC Packet
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21 <br />by Minn. Stat. §15.99. The City’s approval shall not be unreasonably withheld. If the City <br />rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected <br />Construction Plans within a reasonable time after written notification to the Redeveloper of the <br />rejection. The provisions of this Section relating to approval, rejection and resubmission of <br />corrected Construction Plans shall continue to apply until the Construction Plans have been <br />approved by the City. Approval shall constitute a conclusive determination that the Construction <br />Plans (and the Minimum Improvements, if constructed in accordance with said plans) comply <br />with the provisions of this Agreement relating thereto. The Construction Plans shall not be <br />rejected due to any objection which could have been raised upon review of the Preliminary Plans <br />and corrected more economically at that time. <br /> <br />(c) Changes. If the Redeveloper desires to make any material change in the <br />Preliminary Plans or Construction Plans after their approval by the City, then the Redeveloper <br />shall submit the proposed change to the City for its approval. If the Preliminary Plans or <br />Construction Plans, as modified by the proposed change, conform to the requirements of this <br />Section with respect to such previously approved Plans, the City shall approve the proposed <br />change and notify the Redeveloper in writing of its approval. Such change in the Preliminary <br />Plans or Construction Plans shall, in any event, be deemed approved by the City unless rejected <br />in writing by the City, in whole or in part, as governed by Minn. Stat. §15.99. <br /> <br />Section 5.7. Agency Approval. The Redeveloper shall apply for all approvals necessary <br />and required for the construction of the Minimum Improvements. Nothing in this Agreement <br />shall constitute a promise or implication of approval of any license, permit or other approval by <br />any other agency, nor does this Agreement relieve the Redeveloper from any applicable <br />regulatory requirements. <br /> <br /> Section 5.8. Certificate of Completion. <br /> <br />(a) Promptly after completion of both: (i) the Public Improvements (as evidenced by <br />the documentation set forth in Section 5,7 (c) below); and (ii) the completion of the Model Home <br />(as evidenced by the documentation set forth in Section 5.7(c) below), the City will furnish the <br />Redeveloper with a Certificate of Completion therefor. The Certificate of Completion sh all be a <br />conclusive determination and conclusive evidence of the satisfaction and termination of all of the <br />agreements and covenants in this Agreement and in the Redevelopment Property Deed that are <br />required to be released and shall terminate the City’s right of re-enty and reverter rights in <br />Section 9.7 below. <br /> <br />(b) If the City believes the Redeveloper has failed to complete the Public <br />Improvements and the Model Home, or the City refuses or fails to provide a Certificate of <br />Completion, the City shall, within twenty (20) days after a written request by the Redeveloper, <br />provide the Redeveloper with a written statement, indicating in adequate detail in what respects <br />the City believes the Redeveloper has failed to complete the Public Improvements and the Model <br />Home in accordance with the provisions of this Agreement, and what measures or acts will be <br />necessary, in the opinion of the City, for the Redeveloper to perform in order to obtain the <br />Certificate of Completion. <br />
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