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units in the Development shall be constructed to be readily accessible and usable by households with a mobility impaired member and a minimum of three (3) units shall be constructed and to be readily accessible and usable by households with a hearing or visually impaired member. The Developer shall deliver to the City, a certification from a Certified Access Specialist certifying that the Development (as constructed) meets the requirements of this subsection (d). Section 4.7 Progress Report. Until such time as the Developer has completed construction of the Improvements, as evidenced by issuance of final Certificates of Occupancy by the City for all buildings in the Development, the Developer shall provide the City with quarterly progress reports, or more frequent updates if City reasonably requires, regarding the status of the construction of the Development, including a certification that the actual construction costs to date conform to the Financing Plan. Section 4.8 Construction Responsibilities. (a) It shall be the responsibility of the Developer to coordinate and schedule the work to be performed so that commencement and completion of construction will take place in accordance with this Agreement. (b) The Developer shall be solely responsible for all aspects of the Developer's conduct in connection with the Development, including (but not limited to) the quality and suitability of the plans and specifications, the supervision of construction work, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Any review or inspection undertaken by the City with reference to the Development is solely for the purpose of determining whether the Developer is properly discharging its obligations to the City, and should not be relied upon by the Developer or by any third parties as a warranty or representation by the City as to the quality of the design or construction of the Development. Section 4.9 Mechanics Liens Ston Notices and Notices of Completion. (a) If any claim of lien is filed against the Property or the Improvements or a stop notice affecting the Loan is served on the City or any other lender or other third party in connection with the Development, then the Developer shall, within twenty (20) days after such filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or stop notice by delivering to the City a surety bond from a surety acceptable to the City in sufficient form and amount, or provide the City with other assurance satisfactory to the City that the claim of lien or stop notice will be paid or discharged provided, however, that Developer shall have the right to contest in good faith any such liens or stop notice. (b) If the Developer fails to discharge any lien, encumbrance, charge, or claim in the manner required in this Section or obtain a surety bond, then in addition to any other right or remedy, the City may (but shall be under no obligation to) discharge such lien, encumbrance, charge, or claim at the Developer's expense. Alternatively, the City may require the Developer to immediately deposit with the City the amount necessary to satisfy such lien or claim and any REV: 06-17-2020 PR 1199\09\2727850.8 ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 34 of 143)