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4.4 Assurance of Compliance. In order to insure Developer's compliance with the <br /> provisions of this Agreement, City shall, in connection with the issuance of the Project <br /> Approvals by City, require the posting of the amount and form of such security as may be <br /> required under the applicable Ordinances and Laws. <br /> 4.5 Encroachment A�reement far Winslow Trian l�e. Developer intends to improve <br /> the Winslow Triangle area for outdoor seating and related amenities. City agrees that upon <br /> completion of the Project, it will enter into an encroachment agreement with Developer to allow <br /> for such use of the Winslow Triangle. <br /> 4.6 Certificate of Completion. <br /> � (a) Issuance. Following the Completion (as defined herein) of the Project, <br /> excluding any normal and minor building "punch-list" items to be completed by the Developer, <br /> the Developer may request that the City inspect the completed Project and issue a Certificate of <br /> Completion for the Project. As used in this Agreement, Completion shall mean the completion <br /> of (i) the Hamilton Garage; and (ii) the cold shell of the office building without tenant <br /> improvement work, as follows: <br /> (i) Hamilton Gara�e: Completion of the Hamilton Garage <br /> improvements in accordance with the plans and specifications approved <br /> by the City ("Approved Plans") and ready for full occupancy, operation <br /> and use sufficient to obtain a certificate of occupancy from the City <br /> (ii) Office Building Cold Shell: <br /> a. Installation of electrical, plumbing, fire protection stubs in <br /> accordance with the Approved Plans for an office building in a cold shell <br /> condition. <br /> b. Completed structural steel frame, floars and roof deck including <br /> concrete floors ready for mechanical screen, roofing and future <br /> mechanical equipment. <br /> c. Completed glazing and precast wall panels on all floors. <br /> d. Structural steel stairs installed <br /> e. Rough-in for one elevator <br /> f. Fire sprinklers: Temporary and permanent protection consisting of <br /> mains, laterals, and uprights, installed according to Approved Plans <br /> g. Site work sha11 be completed enough to allow access to the entire <br /> building for all trades <br /> The parties anticipate and expect that the Hamilton Garage improvements shall be completed <br /> prior to the retail/office building and that therefore a partial Certificate of Completion may be <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:OS-18-15 VR <br /> Page 20 of 40 <br /> 82483.00019\9644366.l6 <br />