AgdaPkt 2015-07-27 Joint SA and PFA

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8.A. - Page 58 may be terminated pursuant to the terms thereof prior to the completion of construction of the Project, upon sixty (60) days written notice to Developer. (b) After commencement of the work of improvement of the Hamilton Garage, the Developer shall not permit the work of construction of the Hamilton Garage to cease or be suspended for a time period in excess of sixty (60) calendar days (excluding weekends and holidays), either consecutively or in the aggregate, other than as a result of an unavoidable delay as set forth in Section 10.13. The City Manager, in his or her discretion, which shall not be unreasonably withheld, may extend the Completion Date for the Hamilton Garage, as set forth in the Schedule of Performance, Exhibit C, for up to an additional one hundred twenty (120) days, in the aggregate. 3.6 Compliance with Laws. All work performed in connection with the construction or installation of the Project shall comply with all applicable Laws and Project Approvals. 3.7 Performance Schedule. All planning, construction, installation and other development obligations and responsibilities of the Developer and /or the City related to the Project shall be initiated and completed within the times specified in the Performance Schedule (Exhibit C), or within such reasonable extensions of such times granted by the City Manager or as otherwise provided for in this Agreement. 3.8 City Right to Inspect Project and Site. During periods of construction or installation of the Project, the City shall perform periodic inspections of the Project and the Site, on a schedule agreeable to both the City and Developer; provided, however, the Parties may mutually agree on adjustments to the inspection schedule as necessary in order to meet Developer's construction schedule. In order to perform such inspections, the City shall have the right of reasonable access to the Site, without the payment of charges or fees, during normal construction hours and upon reasonable advance notice. Any and all City representatives who enter the Site shall identify themselves at the construction management office or, if none, to the apparent on -site construction supervisor on the Site, upon their entrance onto the Site, and shall at all times be accompanied by a representative of the Developer, while on the Site. The Developer shall make a representative of the Developer available for this purpose at all times during normal construction hours, upon reasonable advance notice from the City. The City shall indemnify and hold the Developer harmless from injury, property damage or liability to the extent arising out of the exercise by the City of the right of access to the Site provided in this Section 3.8, except to the extent that any such injury, property damage or liability arises from the negligence or willful misconduct of any of the Developer Parties. If in the City's reasonable judgment it is necessary, the City shall have the further right, from time to time, at its own cost, to retain a consultant or consultants to inspect the Project and verify compliance by the Developer with the provisions of this Agreement. The Developer acknowledges and agrees that any such City inspections are for the sole purpose of protecting the City's rights under this Agreement, are made solely for the City's benefit, that the City's inspections may be superficial and general in nature, and are for the purposes of informing the City of the progress of the Project and the conformity of the Project with the terms and conditions of this Agreement, and that the Developer shall not be entitled to rely on any such inspection(s) as constituting the City's approval, satisfaction or acceptance of any materials, workmanship, conformity of the Project 82483.00019\9644366. 13 ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA REV: 07 -22 -15 VR Page 17 of 102