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3. Completion of Construction of Residential Improvements. Developer shall <br />complete all work of the Construction of the Residential Improvements on or before <br />February 1, 2021 (subject to extension by City based upon substantial progress <br />toward completion of construction by Developer). <br />4. Completion of Construction of the Improvements. Developer shall complete all <br />work of the Construction of the Improvements on or before February 1, 2021 <br />(subject to extension by City based upon substantial progress toward completion of <br />construction by Developer). <br />The Schedule of Performance is subject to revision from time to time as mutually <br />agreed upon in writing between Developer and the City Manager or his/her designee <br />("City Manager"), and City Manager is authorized on behalf of City to agree to make <br />such revisions as he deems reasonably necessary. The City Manager, in his/her sole <br />discretion, may elect to bring to the City Council for consideration and action any <br />modifications to this Schedule of Performance. It is understood that the Schedule of <br />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 <br />is not intended to supersede or modify the more complete description in the text of the <br />Agreement; in the event of any inconsistency between the Schedule of Performance <br />and the text of the Agreement, the text shall govern. In the event the City Manager <br />deems it necessary to bring to City Council for consideration one or more modifications <br />to this Schedule of Performance, the discretion to do so is expressly reserved to the <br />City Manager. The time periods set forth herein for City approval of plans and drawings <br />and other submittals that are submitted to City by Developer shall only apply and <br />commence upon Developer's complete submittal of all the required information. In no <br />event shall an incomplete submittal by Developer trigger any City obligations of review <br />and/or approval hereunder; provided, however, that City shall notify Developer of an <br />incomplete submittal as soon as is practicable and in no event later than the applicable <br />time set forth for City action on the particular item in question. If any of the foregoing <br />performance measurements are not met then it will be deemed a default as defined in <br />Section 20 and any remedies shall be cured according to said Section of the <br />Agreement. <br />