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4.08 Certificate of Completion for Improvements. <br />Promptly after completion of construction of Improvements in accordance <br />with those provisions of this Part and upon issuance of a certificate of occupancy by <br />the City, the Agency will provide an instrument so certifying provided that, at the <br />time such certification is issued, the Improvements have been completed (hereafter <br />"Certificate of Completion"). Such Certificate of Completion shall be conclusive <br />determination that the covenants in this Agreement with respect to the obligations of <br />Developer, its successors and assigns, to construct the Improvements and the dates <br />for the beginning and completion thereof have been met. Such Certificate of <br />Completion shall be in such form as will enable it to be recorded among the official <br />records of Alameda County. Such Certificate of Completion and determination shall <br />not constitute evidence of compliance with or satisfaction of any obligation of <br />Developer to any holder of a deed of trust securing money loaned to finance the <br />Improvements or any part thereof and shall not be deemed a notice of completion <br />under the California Civil Code. <br />4.09 Construction Bonds. <br />Prior to the commencement of construction of the Improvements, the <br />Developer shall deliver to the Agency copies of any labor and material bonds, and <br />performance bonds required by Developer's lenders, which bonds shall be issued by a <br />reputable insurance company licensed to do business in California, in a penal sum <br />each of not less than one hundred percent (100%) of the scheduled cost of <br />construction of the Improvements. Such bonds shall name the Agency as co -obligee. <br />4.10 Implementation of Mitigation Measures. <br />In carrying out the construction of the Improvements, Developer shall <br />implement all reasonable mitigation and monitoring measures required by the Agency <br />or the City of San Leandro pursuant to the California Environmental Quality Act. <br />4.11 Reciprocal Easements and Cross Parking. <br />Agency and Developer shall use their best efforts to establish a common <br />parking lot and mutual egress and ingress through reciprocal easement and cross <br />parking agreements with adjacent property owners. <br />Disposition and Development Page 12 of 30 <br />Agreement - Vanuatu Properties Draft December 4, 1997 <br />