RDA Agmt 2001 Lavery California Dealership Properties No. 1 LLC

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4.10 Certificate of Completion for Improvements. Promptly after substantial completion of construction of the Improvements in accordance with the provisions of this Part and upon issuance of a certificate of occupancy by the City, the Agency will provide an instrument so certifying provided that, at the time such certification is issued, the. Improvements have been completed (hereafter "Certificate of Completion"). Such Certificate of Completion shall be conclusive determination that the covenants in this Agreement with respect to the obligations of Developer, its successors and assigns, to construct the Improvements and the dates for the beginning and completion of construction thereof have been met. Such Certificate of Completion shall be in such form as will enable it to be recorded among the official records of Alameda County. Such Certificate of Completion and determination shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a deed of trust securing money loaned to finance the Improvements or any part thereof and shall not be deemed a notice of completion under the California Civil Code. 4.11 Construction Bonds. Prior to the commencement of construction of the Improvements, the Developer shall deliver to the Agency copies of any labor and material bonds, and performance bonds which may be required by Developer's lenders, which bonds shall be issued by a reputable insurance company licensed to do business in California. Such bonds shall name the Agency as co -obligee, so long as Developer's mortgage lender does not object. 4.12 Prevailing Wages. During construction of the project, Developer shall fully comply with the provisions of Labor Code Section 1771 with respect to all employees of Developer with regard to the payment of not less than the general prevailing wage of per diem wages for such employees. In addition, Developer shall include in its construction contract for the construction of the project a provision whereby the contractor agrees to comply with Labor Code Section 1771 with respect to its employees and obligates its subcontractors to comply with Labor Code Section 1771 with respect to the subcontractor's employees. 4.13 1-880 Reader Board. Any new car dealership on the Property shall have the right to advertise on the 1-880 Reader Board sign at a reasonable rate pursuant to the Ground Lease attached hereto as Exhibit C. Agency shall use its best efforts to enforce Developer's right to access under the terms of Exhibit C should such enforcement be necessary. 4.14 DDA with Adjacent Developer. After the Closing, the Agency agrees not to amend Section 4.06 of the Disposition and Development Agreement between the Agency and Adjacent Developer without Developer's prior written consent. Disposition and Development Page 15 of 32 Agreement (Lavery California Dealership Properties No. 1 LLC)