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3. Developer may not depart. subs.tantiall_y_.from the Development Plan <br /> without approval by the City Council. <br /> 4. The overall..De.ve.lopment..Plan, incorporated..herein by reference, is <br /> proposed to be completed within app.roximately._ _one. and one-half (1-1/2) years <br /> after initiation. <br /> The Development project will be initiated within three (3) months <br /> of the effective date of the ordinance approving the Development Plan. <br /> Periods provided herein-for completion of the development shall be <br /> extended. .for_ delays beyond Developer's..control. Such time extensions shall be <br /> granted by the City of University City upon application of the Developer upon <br /> finding by the Council that! <br /> (a) Developer has exercised all reasonable care to <br /> insure completion of the project, and <br /> (b) The delay in commencing construction or com- <br /> pletion of construction was not caused by an <br /> unreasonable act or failure to act on the part <br /> of the Developer. <br /> In the event of subs.tantial..nancompliance .with the Development Plan <br /> as approved. herein, written notice. .of . such noncompliance shall be given to the <br /> Developer, and if not corrected within forty-five (45) days after the time <br /> reasonably required to ..complete such. correction, unless the time for such <br /> correction be _further extended, or upon failure of the Developer to commence <br /> construction or complete the same within the scheduled time limit set out above, <br /> and upon a finding by the City Manager that such failure is due to the fault of <br /> the Developer, the City Manager may declare the Developer in default. Such <br /> declaration shall promptly-be reviewed_ by the City Council which, if it shall <br /> find substantial noncompliance by the Developer, shall.have thereafter the power <br /> to cancel and terminate this contract _ in..whole. or in. part. Developer at all <br /> times shall have the right to..appeal to the Courts from any adverse decision so <br /> rendered. <br /> 5. ._ Developer., its successors. or. assigns shall, in accordance with the <br /> Development Plan, maintain the building_ ..in.the_ development area which it holds <br /> title to in as good a state of repair and.- attractiveness as is possible during <br /> construction. <br /> 6. Developer, its successors o.r. . .assigns_shall have complete and <br /> exclusive control over the construction_ of the project. Developer, its <br /> 2 <br />