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<br />of this Agreement, the date of completion of construction shall be the date on which a final <br />certificate of occupancy for occupancy by Tenant for conducting the Business is issued by <br />the City. Neither a conditional, nor a temporary, certificate of occupancy shall constitute a <br />certificate of occupancy for purposes of this section. <br />Section 3.03. Minimum Capital Investment. On or before May 1, 2022, subject <br />to any extensions approved by the City Manager of the City, or his designee, due to events <br />of force majeure, Company or Tenant shall make an estimated minimum capital investment <br />in improvements to the Facility and associated site improvements of at least $5,500,000.00 <br />and shall invest at least $1,000,000.00 on furniture, fixtures and equipment at the Facility <br />as of the date of occupancy of the Facility by Tenant. <br />Section 3.04. Operation of Business. Tenant shall occupy and begin operation of <br />the Business on the Land on or before May 1, 2022 and shall continuously operate, <br />maintain and manage the Business for the duration of the Term. <br />Section 3.05. Sustainability. The Business shall achieve a TRSA Clean Green <br />Certification on or before December 31, 2024. The Tenant shall maintain the Clean Green <br />certification for a minimum of 10 years after receiving the certification. <br />Section 3.06. Job Creation. On or before December 31, 2022, Tenant shall <br />employ at least 100 persons in Jobs Minimum Jobs Requirement and keep such <br />Jobs filled during the Term. Notwithstanding that the minimum hourly wage for a Job is <br />$15.00 per hour, the average annual salary among such 100 persons in Jobs shall be at least <br />$44,629.00 per year. While the titles, personnel, or the classification of such Jobs may <br />change, the Minimum Jobs Requirement shall be continuously maintained through the end <br />of the Term. Tenant shall maintain, and shall use its best efforts to enforce, employment <br /> <br /> <br />