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9. Approval of Revised Management Plan. Agency/City shall Within fourteen (14) days of <br />review and approve, approve with conditions, or disapprove receipt of a complete submittal <br />revised Management Plan. of revised Management Plan <br />from Developer, but not later <br />than December 31, 2011. <br />10. Progress Reports. During construction Developer shall prepare Commencing thirty (30) days <br />monthly written progress reports and submit to Executive after start of the Construction <br />Director. work through completion. <br />11. Commencement of Construction of the Improvements. No event later than <br />Developer shall cause the Construction of the Improvements to December 31, 2011. <br />be commenced by Contractor. <br />12. Completion of Construction of the Improvements. Developer On or before June 30, 2013. <br />shall complete all work of the Construction of the <br />Improvements. <br />13. Release of Construction Covenants. Agency/City to furnish Within 30 days of receipt of <br />Developer with a Release of Construction Covenants. Developer request and only <br />after Developer's satisfactory <br />completion of the Construction <br />of the Improvements. <br />The Schedule of Performance is subject to revision from time to time as mutually agreed upon in <br />writing between Developer and the Executive Director, and Executive Director is authorized on <br />behalf of City to agree to make such revisions as he deems reasonably necessary. The Executive <br />Director, in his/her sole discretion, may elect to bring to the Agency Board/City Council for <br />consideration and action any modifications to this Schedule of Performance. It is understood that the <br />Schedule of Performance is subject to all of the terms and conditions set forth in the text of the <br />Agreement. The summary of the items of performance in the Schedule of Performance is not <br />intended to supersede or modify the more complete description in the text of the Agreement; in the <br />event of any inconsistency between the Schedule of Performance and the text of the Agreement, the <br />text shall govern. In the event the Executive Director deems it necessary to bring to Agency <br />Board/City Council for consideration one or more modifications to this Schedule of Performance, the <br />discretion to do so is expressly reserved to the Executive Director. The time periods set forth herein <br />for Agency/City approval of plans and drawings and other submittals that are submitted to <br />Agency/City by Developer shall only apply and commence upon Developer's complete submittal of <br />all the required information. In no event shall an incomplete submittal by Developer trigger any <br />Agency/City obligations of review and/or approval hereunder; provided, however, that Agency/City <br />shall notify Developer of an incomplete submittal as soon as is practicable and in no event later than <br />the applicable time set forth for Agency/City action on the particular item in question. <br />J-3 <br />DOCSOC/ I469583v5/200272-0003