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7.A. - Page 158 <br /> including the costs of preparation of all required construction, planning and other documents <br /> reasonably required by each Government Agency or utility service provider pertinent to the <br /> construction, installation or operation of the Proj ect on the Site, including but not limited to, <br /> specifications, drawings, plans, maps, permit applications, land use applications, zoning <br /> applications, environmental review and disclosure documents and design review documents. A <br /> listing of the development fees that the Developer will be required to pay to the City for the <br /> processing of plans for Approvals and development of the Project are listed in the Scope of <br /> Development (Exhibit H). The Developer shall obtain any and all necessary governmental <br /> approvals, prior to the commencement of applicable portions of construction and installation of <br /> the Project, and the Developer shall take reasonable precautions to ensure the safety and stability <br /> of surrounding properties during the construction and installation of the Proj ect. <br /> 4.5 Developer Changes to Project Plans and Specifications During Course of <br /> Construction. The Developer shall have the right, during the course of construction of the <br /> Proj ect, to make "minor field changes," as approved by the City's Proj ect Manager; provided, <br /> however, in the event that City's Project Manager fails to respond to a written request for a <br /> minor field change within twenty-four (24) hours after receipt of the request, such request shall <br /> be deemed to have been approved. "Minor field changes" shall be defined as those changes from <br /> the approved construction drawings, plans and specifications that have no substantial effect on <br /> the Proj ect, do not reduce the quality of the approved Proj ect and are made in order to expedite <br /> the work of construction in response to field conditions. Nothing contained in this Section 4.6 <br /> shall be deemed to constitute a waiver of or change in any Approvals governing any such "minor <br /> field changes" or in any Approvals by any Government Agency otherwise required for any such <br /> "minor field changes." <br /> 4.6 Construction of Project. <br /> 4.6.1 The Developer covenants to and for the exclusive benefit of the City <br /> that the Developer shall complete the development of the Project and the Public Improvements <br /> within the time period for such action set forth in the Performance Schedule (Exhibit D). After <br /> commencement, the Developer shall diligently proceed to complete the construction and <br /> installation of the Project, in a good and workmanlike manner, in accordance with this <br /> Agreement, the Performance Schedule and all applicable Laws and all Approvals for the Project <br /> issued by each Government Agency. The covenants of this Section 4.6.1 shall run with the land, <br /> until the date of issuance of a Certificate of Completion for the Project <br /> 4.6.2 Prior to commencement of construction on the Site, the Developer <br /> shall prepare for approval by the City a"Construction Mitigation Plan" that provides alternatives <br /> to the loss of the public parking currently located on the Site during the Construction Period, <br /> provides outreach to residents and Downtown merchants with schedules of road closures and <br /> major work activities, makes arrangements for parking for construction workers on the Project, <br /> and coordinates with other construction proj ects occurring in and around the Downtown area. <br /> The City and Developer shall cooperate in good faith to implement the Construction Mitigation <br /> Plan, and incorporate any mitigation measures or actions into the plans and construction <br /> activities to be undertaken pursuant to this Agreement. The parties agree that Developer's <br /> payment of the Construction Parking Program Contribution shall be the Developer's only <br /> obligation with respect to mitigating the loss of public parking spaces currently located on the <br /> 82483.00009\7571312.11 30 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />