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City Dr�ft <br /> 6128113 <br /> including the costs of preparation of a11 required construction, planning and other documents <br /> reasonably required by each Government Agency or utility service provider pertinent to the <br /> construction, installation or aperation of the Project on the Site, including, but not limited to, <br /> specifications, c�.rawings, plans, maps, permit applications, land ase applications, zoning <br /> applications, environmental review and discIosure docuanents and design review docunaents. 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 sha11 obtain any and. all necessary governmental <br /> approvals, prior to the cornmencement of applicable portions of construction and ins�al�ation of <br /> the Project, and the Developer shall take reasonable precautions to ensure the safety and stability <br /> of surrounding properties during the constzuction and installation of the Project. <br /> 4.5 Developer Ch�nges to Project Plans and Specifcations During Course of <br /> Construction. The Developer shall have the right, during the course of construction of the <br /> Project, to make "minor f eld changes," as approved by the City's Project Manager; provided, <br /> however, in the event that City's Project Manager fails to respond to a written request for a <br /> minor �eld change within twenty-Four (24) hours after receipt of the request, such request sha11 <br /> be deemed to have been approved. "Minor field changes"shall be defined as�hose changes from <br /> the approved construc�ion drawings, plans and specifications that ha�e no substantial effect on <br /> the Project, do not reduce the quality of the approved Project and are made in order to expedite <br /> the work of conshuction 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 Govez-nment Agency otherwise required for any such <br /> "minar 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 far such acrian set forth in the Performance Schedule (Exhibit D). After <br /> comrnencement, the Developer sha11 diligently proceed to complete the construction and <br /> installafiion of the Project, in a good and workmanlike manner, in accordance with this <br /> Agreement, the Perfortnance Schedule and all applicable Laws and all Approvals for the Pxoject <br /> issued by each Government Agency. The covenants of this Section 4.6.1 shall run with the land, <br /> until the date of zssuance of a Certi�cate of Completion.for the Project <br /> 4.6.2 Prior to comamencement of construction on the Site, the Develaper <br /> shall prepare far appro�al by the C�ty a"Construction Mitigation Plan"that provides alternatives <br /> to the loss of the public parking currently located on the Site during the Construc�ion 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 projects 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 Devetoper's <br /> payment of the Construction Parking Program Contribution shall be the Developer's only <br /> s2as�.00009��s��3rz.�o 30 <br />