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2009-12-07 Regular Council Session
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2009-12-07 Regular Council Session
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3.2 Ownership of Property{}. <br /> TC “3.2 Ownership of Property.” \f C \l “3” The Developer <br />represents that it owns or has under contract to purchase all of the Property required for the construction <br />of the Redevelopment Project. <br />3.3 Developer to Construct the Redevelopment Project{ <br />. TC \l2 “3.3 Developer to <br />} <br />Construct the Redevelopment Project.” The Developer shall carry out the Work in a good and <br />workmanlike manner in accordance with the terms of this Agreement, including but not limited to <br />architectural, design and landscaping elements of a quality not less than as set forth in the Concept Site <br />Plan and the Redevelopment Proposal. <br />3.3.1 Project Construction Schedule <br />. The Developer shall commence and complete <br />each of its obligations under this Agreement with respect to the Redevelopment Project in <br />accordance with the following schedule, unless such date for performance of an activity is <br />Section 7.6 <br />delayed by reason of force majeure, as provided in : <br />Activity <br />RPA-1 Time for PerformanceRPA-2 Time for Performance <br />Close on private financing March 1, 2010 March 1, 2012 <br />Commence construction (as Within 45 days after Kings Day Within 60 days after closing on <br />evidenced by expenditure of at Care has vacated its property private financing <br />least $250,000 of hard <br />construction costs) <br />Substantially complete Within 24 months following Within 24 months following <br />construction (as evidenced by commencement of construction commencement of construction <br />City’s acceptance of Certificate <br />of Substantial Completion) <br />3.3.2 Construction Contracts; Insurance <br />. The Developer may enter into one or more <br />construction contracts to complete the Work. All construction contracts entered into by or on <br />behalf of the Developer shall state that the contractor has no recourse against the City in <br />connection with the contractor’s construction of the Work or any portion thereof. Prior to the <br />commencement of construction of the Work, the Developer shall obtain or shall require that any <br />such contractor obtain workers’ compensation, comprehensive public liability and builder’s risk <br />Section 7.9 <br />insurance coverage in amounts required by the City and as provided in hereof and <br />shall deliver evidence of such insurance to the City. The Developer shall require that such <br />insurance be maintained by any such contractor for the duration of the construction of the Work. <br />3.3.3 Competitive Bids; Prevailing Wage; Excessive Unemployment. <br />The Developer <br />shall comply with all applicable State and local laws relating to the construction of the <br />Redevelopment Project, including, but not limited to, Section 107.170 of the Revised Statutes of <br />Missouri, as amended, and laws relating to the payment of prevailing wages, competitive bidding <br />and the employment of Missouri residents during times of excessive unemployment. <br />3.3.4 Governmental Approvals. <br />The City agrees to cooperate with the Developer and <br />to process and timely consider all complete applications for the Governmental Approvals as <br />received, all in accordance with the applicable City ordinances and laws of the State. <br /> <br />
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