Res13 15289 - Laserfiche WebLink

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equipment along the hot water piping loop. The loop shall be stubbed just outside of the building core; (xi} Fire sprinklers: Temporary and permanent protection consisting of mains,laterals and uprights, installed according to the Approved Plans; (xii) Fire alarm and communications system for fire alarm installed according to the Approved Plans; (xiii) Site work shall be completed enough to allow access to all of the building for all trades; and (xiv) Completion of the pazking garage improvements for full occupancy, operation and use. The parties anticipate and�expect that the parking garage improvements shall be completed prior to the off'ice/retail building and that therefore a partial Certificate of Completion may be issued for the parking garage prior to the issuance of a Certificate of Completion for the entire Project ' in order that the garage may be used. Following the City's receipt of such a written request from the Developer, the City shall promptly inspect the parking gazage or Project, as the case may be, to determine whether or not the parking gazage or Project, as applicable, has been Completed in compliance with this Agreement. If the City determines that the parking garage or Project, as the case may be, is Complete(excluding any such outstanding "punch-list" items) and in compliance with this Agreement, the City shall issue a partial Certificate of Completion with respect to the parking garage or a Certificate of Completion for the Project, as applicable, to the Developer. If the Developer has obtained a partial Certificate of Completion with respect to the pazking garage : and then later requests that the City issue a Certificate of Completion with respect to the entire Project,the City shall not be pernutted to reconsider whether the parking garage is Complete. If the City determines that the parking garage or the Project, as the case may be, is not complete or not in compliance with this Agreement, the City shall send written Notice of each non- conformity to the Developer, within fifteen(15) calendar days following the City's receipt of the Developer's written request for a Certificate of Completion(or partial Certificate of Completion) or within three (3) calendar days after the next regular meeting of the City governing body; whichever date occurs later, provide the Developer with a written statement setting forth the ', reasons far the City's failure or refusal to issue a Certificate of Completion(or partial Certificate ' of Completion). The statement shall also contain the City's opinion of the action(s) the , Developer must take to obtain a Certificate of Completion (or partial Certificate of Completion) ' from the City. If the reason for the Developer's failure to complete the Project is confined to the immediate unavailability of specific items or materials for construction or landscaping at a price reasonably acceptable to the Developer or other minor building "punch-list" items, at Developer's request, the City shall issue a Certificate of Completion upon the posting by the Developer of a (i) bond, (ii) irrevocable standby letter of credit by the Developer, or (iii) corporation guaranty by Kilroy Realty L.P., in form and substance reasonably acceptable to the City, in an amount representing the fair value of the work on the Project rennaining to be completed, as reasonably determined by the City. If the City fails to provide such written statement, within the specified time period, the Developer shall be deemed, conclusively and without further action of the City, to have satisfied the requirements of this Agreement with 37 2013.118/BLOCK 2 HUNTER STORM REV:07-26-13 PT