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AgdaPkt 2013-07-22
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AgdaPkt 2013-07-22
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Last modified
8/23/2013 5:12:30 PM
Creation date
7/19/2013 3:15:07 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
7/22/2013
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7.A. - Page 160 <br /> (c) Obtain City sign-off on the final building permit and other <br /> Approvals for the completed Project such that Developer shall be entitled to be issued a <br /> Certificate of Completion as set forth in Section 4.13 of this Agreement; and <br /> (d) After commencement of the work of improvement of the <br /> Proj ect, the Developer shall not permit the work of construction of the Proj ect to cease or be <br /> suspended for a time period in excess of sixty (60) calendar days (excluding weekends and <br /> holidays), either consecutively or in the aggregate, other than as a result of an Unavoidable <br /> Delay. The City Manager, in his or her discretion, which shall not be unreasonably withheld, <br /> may extend the Project Completion Date for up to an additional one hundred twenty (120) days, <br /> in the aggregate. <br /> 4.7 Compliance with Laws. All work performed in connection with the construction <br /> or installation of the Project shall comply with all applicable Laws and Approvals. <br /> 4.8 Performance Schedule. All planning construction, installation and other <br /> development obligations and responsibilities of the Developer and/or the City related to the <br /> Project shall be initiated and completed within the times specified in the Performance Schedule <br /> (Exhibit D), or within such reasonable extensions of such times granted by the City Manager or <br /> as otherwise provided for in this Agreement. <br /> 4.9 Developer Attendance at City Meetings. The Developer agrees to have one or <br /> more of its employees or consultants who are knowledgeable regarding this Agreement and the <br /> development of the Proj ect, such that such Person(s) can meaningfully respond to City staff <br /> questions regarding the progress of the Project, attend meetings with City staff or meetings of the <br /> City governing body, when requested to do so by City staff, with reasonable advance written <br /> Notice to the Developer. <br /> 4.10 City Right to Inspect Project and Site. During periods of construction or <br /> installation of the Proj ect, the City shall perform weekly inspections of the Proj ect and the Site, <br /> on a schedule agreeable to both the City and Developer; provided, however, the Parties may <br /> mutually agree on adjustments to the inspection schedule as necessary in order to meet <br /> Developer's construction schedule. In order to perform such inspections, the City shall have the <br /> right of reasonable access to the Site, without the payment of charges or fees, during normal <br /> construction hours and upon reasonable advance notice. Any and all City representatives who <br /> enter the Site shall identify themselves at the construction management office or, if none, to the <br /> apparent on-site construction supervisor on the Site, upon their entrance onto the Site, and shall <br /> at all times be accompanied by a representative of the Developer, while on the Site. The <br /> Developer shall make a representative of the Developer available for this purpose at all times <br /> during normal construction hours, upon reasonable advance Notice from the City. The City shall <br /> indemnify and hold the Developer harmless from injury, property damage or liability to the <br /> extent arising out of the exercise by the City of the right of access to the Site provided in this <br /> Section 4.10, except to the extent that any such injury, property damage or liability arises from <br /> the negligence or willful misconduct of any of the Developer Parties. If in the City's reasonable <br /> judgment it is necessary, the City shall have the further right, from time to time, at its own cost, <br /> to retain a consultant or consultants to inspect the Proj ect and verify compliance by the <br /> Developer with the provisions of this Agreement. The Developer acknowledges and agrees that <br /> 82483.00009\7571312.11 32 <br /> ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM <br /> REV: 07-19-13 PT <br />
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