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(e) Developer Payment of Costs and Fees. Except for the City's obligation to
<br /> pay far a proportionate share of certain utility relocation costs, as set forth in Section 4.1 hereof,
<br /> Developer shall be solely responsible for paying for the costs of all design work, construction,
<br /> labor, materials, fees, permits, applications, and other expenses associated with the Project. The
<br /> Developer shall pay all lawfully required fees pertaining to the review and approval of the
<br /> Project by any governmental agency or utility service providers, including the costs of
<br /> preparation of all required construction, planning and other documents required by such
<br /> governmental agency or utility service provider pertinent to the construction, installation or
<br /> operation of the Project on the Site, including, but not limited to, specifications, drawings, plans,
<br /> maps, permit applications, land use applications, zoning applications, environmental review and
<br /> disclosure documents and design review documents. The Developer shall obtain any and all
<br /> necessary governmental approvals, prior to the commencement of applicable portions of
<br /> construction and installation of the Project, and the Developer shall take all necessary
<br /> precautions to ensure the safety and stability of surrounding properties during the construction
<br /> and installation of the Project.
<br /> 3.5 Construction of Project.
<br /> (a) Developer understands that, during the term of this Agreement, City
<br /> intends to engage in negotiations with a third party for the disposition and development of an
<br /> adjacent City-owned lot, located to the west of the Site, between Winslow Street and Hamilton
<br /> Street (referred to as the "Winslow Parcel"). City is willing to consider allowing Developer to
<br /> use the Winslow Parcel on an interim, short-term basis, for purposes of staging activities related
<br /> to the construction of the Project on the Site, provided however, that any such access and use of
<br /> the Winslow Parcel shall be conditioned upon and subject to an entry and access agreement or
<br /> other similar agreement to be entered into between the City and Developer prior to any such
<br /> access and use, substantially in the form attached hereto as Exhibit E (Form of License
<br /> Agreement for Winslow Parcel) and incorparated herein by reference, which License Agreement
<br /> may be terminated pursuant to the terms thereof prior to the completion of construction of the
<br /> Project, upon sixty (60) days written notice to Developer.
<br /> (b) After commencement of the work of improvement of the Hamilton
<br /> Garage, the Developer shall not permit the work of construction of the Hamilton Garage to cease
<br /> or be suspended for a time period in excess of sixty (60) calendar days (excluding weekends and
<br /> holidays), either consecutively or in the aggregate, other than as a result of an unavoidable delay
<br /> as set forth in Section 10.13. The City Manager, in his or her discretion, which shall not be
<br /> unreasonably withheld, may extend the Completion Date for the Hamilton Garage, as set forth in
<br /> the Performance Schedule, Exhibit C, for up to an additional one hundred twenty (120) days, in
<br /> the aggregate.
<br /> 3.6 Compliance with Laws. All work performed in connection with the construction
<br /> or installation of the Project shall comply with all applicable Laws and Project Approvals.
<br /> 3.7 Performance Schedule. All planning, construction, installation and other
<br /> development obligations and responsibilities of the Developer and/or the City related to the
<br /> Project shall be initiated and completed within the times specified in the Performance Schedule
<br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA
<br /> REV:08-18-15 VR
<br /> Page 16 of 40
<br /> 82483.000 L9\9644366.16
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