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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 Page 10 of 21