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demoting of any person engaged in the construction work and shall direct its contractors and subcontractors to refrain from discrimination on such basis. 4.10 Certificate of Completion for Developer Improvements. Promptly after completion of construction of Developer Improvements in accordance with this Agreement, the Agency will issue an instrument so certifying (the "Certificate of Completion "). Such Certificate of Completion shall be conclusive determination that the construction of the Developer Improvements has been completed. 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 Developer Improvements or any part thereof and shall not be deemed a notice of completion under the California Civil Code. In addition, the Certificate of Completion shall not excuse the Developer from funding a traffic signal at San Leandro Boulevard (which requirement shall survive close of escrow and development of the Property until provided) and performance of any executory duties under this Agreement, including without limitation covenants to operate the Developer Improvements, and covenants to maintain the Adjacent City Property. Within thirty (30) days after the Executive Director determines that construction of the Developer Improvements has been accomplished in conformity with this Agreement, the Agency will provide the Developer with a Certificate of Completion for the Developer Improvements. 4.11 Construction Bonds. Prior to the commencement of construction of the Developer 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, or by City for construction of off -site improvements 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. 4.12 Improvement and Maintenance of the Adjacent City Property. As a material inducement for the Agency to enter into this Agreement and but for which the Agency would not have entered into this Agreement, the Developer assumes the responsibility for the improvement, operation and maintenance of the Adjacent City Property. The ongoing character of the Developer's obligations with respect thereto is more particularly described below and is further set forth in the Agency Deed: (a) Installation of Improvements; Maintenance. Developer shall install on the Adjacent City Property the Adjacent City Property Improvements. Commencing as of its entry onto the Adjacent City Property and continuing until July 5, 2028 (the termination date of the • Redevelopment Plan), the Developer shall be responsible for maintenance of the Adjacent City Property, including without limitation, landscaping, sidewalks, watering, weeding, fertilizing, and other maintenance tasks as necessary to cause the Adjacent City Property to be maintained as a high - quality amenity that is comparable to the adjacent office buildings and plaza on the Property as required to be developed under this Agreement. 22 DOCSOC174604 I v4124258.0002