01/05/99 Section 3.5 Certificate of CompletionPost -it® Fax Note 7671
Date/ ; R q
of
pagges® 1
To P��
From C /ems
Co./Dept.
Co.
Phone #
Phone #
Fax # 10-773 G
Fax #
Project shall be in substantial conformity
ved by the CITY. DEVELOPER shall
complete all on -site improvements.
in such detail and at such times as ma
y
tvaavua"Y uv .cyuuaLvu uy u"' CITY, as to the actual progress of
DEVELOPER with respect to construction of the on -site improvements.
(c) DEVELOPER shall not interfere with, or construct any
improvements over, any public street or utility easement without the prior
written consent of the CITY. All connections to public utility lines and
facilities shall be subject to approval of the CITY and any private utility
company involved. All street and utility installations, relocations,
alterations and restorations shall be made at DEVELOPER'S expense.
DEVELOPER, at its own expense, shall replace any public facilities or
utilities damaged during construction of the Project.
(d) CITY and DEVELOPER acknowledge and agree that the -Project will
be sited in an Airport Influence Area, and that development within such
Area will be controlled and constrained by one or more Ordinances. CITY has
begun drafting, but has not yet finalized, an Ordinance For Designation of an
Airport Influence Area for Kalispell City Airport and an Ordinance to Limit
Height of Objects Around Kalispell City Airport. Notwithstanding the fact that
those Ordinances are merely in the draft stage, CITY appreciates the scope,
height, infrastructure, and other characteristics of DEVELOPER'S intended
Project, and agrees that such Project will satisfy such Ordinances as eventually
considered and passed by the Kalispell City Council. Based upon current
information available to the parties, the elevation of the building, at the 20' West
set -back, to be constructed pursuant to this Agreement shall not exceed 2957. 82
feet above sea level, and the elevation, at a point not less than 21' East of the
Western set -back line shall not exceed 2960.82 feet above level. No equipment
shall protrude above, the greater of, 2960.82 above sea level or the transitional
surface slope for a B-II, visual airport. Q to I starting from a point 125 feet from
Center Line of the Kalispell City Airport Runway).
Section 5.3. Certificate of Completion.
(a) Promptly after completion of the Project, in accordance with this
Agreement, DEVELOPER should apply for a Certificate of Completion.
It will be incumbent on DEVELOPER to provide the CITY with a
certificate of substantial completion from DEVELOPER'S architect, and the
CITY shall furnish DEVELOPER with an appropriate Certificate of
Completion as conclusive evidence of satisfaction and termination of the
agreements and covenants of this Agreement.
W If the CITY shall refuse or fail to provide a Certificate of
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