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Page 7 of 13 <br />ATTY/AGR/2022.014.07/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />and County Developer’s selected contractor bid for the Demolition Work (the <br />“Demolition Work Selected Contract”) and Developer’s demolition budget <br />(together, the “Demolition Documents”). Owner shall have five (5) business <br />days from the delivery of the Demolition Documents to approve or reject the <br />Demolition Documents in its reasonable discretion (“Demolition <br />Authorization Notice”). If Owner rejects the Demolition Documents, it shall <br />identify an exhaustive list of reasonable requested changes to the Demolition <br />Documents in its Demolition Authorization Notice. However, Owner shall only <br />request changes to the Demolition Documents that are intended to reduce the <br />estimated costs of the Demolition Work. Developer shall make reasonable <br />efforts to addresses the issues identified in the Demolition Authorization Notice <br />and submit the same to the Owner. Owner shall have five (5) business days <br />from the delivery of the revised Project Documents approve or reject the <br />revised Project Documents in its reasonable discretion by providing a second <br />Demolition Authorization Notice. If Owner rejects the revised Demolition <br />Documents, then City and County shall be deemed to have waived any <br />obligation for Developer to undertake the Demolition Work and upon written <br />notice by Developer to Owner, this Demolition Agreement shall automatically <br />terminate and Developer shall have no obligations related to the Demolition <br />Work. In such event, Owner and Developer shall negotiate an encroachment <br />permit that permits the demolition of Building 1 to the extent physically <br />necessary to implement the Blomquist Extension. <br />ii. Developer will comply with, and require its contractors, subcontractors, etc., to <br />comply with, all labor (including without limitation prevailing wage), equal <br />opportunity and nondiscrimination laws, and all other laws the Owner would <br />require for a regular public works project. Owner staff will have the same <br />access to the site during performance of the Demolition Work, and the same <br />rights to observe, inspect and approve them that staff would have under a <br />regular public works project. On completion of the Demolition Work, Developer <br />will provide unconditional mechanics lien releases and other documentation <br />confirming the Owner’s lien-free title to the County Property together with <br />copies of reasonable documentation substantiating Developer’s Out-of-Pocket <br />Costs. <br />iii. Developer shall provide a written request to Owner’s Engineer for the final <br />inspection of the Demolition Work at least five (5) business days prior to the <br />requested date of final inspection. Owner’s Engineer shall perform a final <br />inspection of the Demolition Work within five (5) business days of Developer’s <br />requested date for the final inspection. Within five (5) business days of a final <br />inspection that demonstrates Developer has satisfactorily completed the <br />Demolition Work, Owner’s Engineer shall deliver to Developer notice that the <br />Demolition Work has been satisfactorily completed (the “Acceptance”). If <br />Owner’s Engineer determines that Developer has not satisfactorily completed <br />the Demolition Work, Owner’s Engineer shall identify all items within the scope <br />of the Demolition Work that were not satisfactorily completed by the Developer <br />and shall provide such notice to the Developer within five (5) business days <br />following the final inspection, or as soon as practical thereafter. If the Owner’s <br />Engineer delivers such notice to the Developer, then the Developer shall <br />undertake to complete the items identified in the notice in a diligent manner. <br />Upon completion of the items, the Developer shall request another final