RDA Reso 2000-006 - Laserfiche WebLink

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the project that is complete; and (b) whether the project is adhering to the schedule set forth in the Construction Plans, and if not, accurately describe the discrepancy between the current schedule and the schedule set forth in the Construction Plans. Developer authorizes the Agency to have full access to all building inspection reports and other information at the City to assist the Agency in reviewing the actual progress of construction. Developer shall allow the Agency to review construction documents and records maintained by Developer in the ordinary course of the construction as may be reasonably requested by the Agency. 4.08 Agency to Receive Copy of Construction Contract. Developer shall enter into contracts for the construction of the Phase 1 Improvements (and, if undertaken, the Phase 2 Improvements) with contractors licensed by the State of California. Copies of all contracts shall be tendered to the Agency for the limited purposes of determining that the amount of the cost of work has been clearly fixed and determined, that the materials and qualifications for improvements conform to the Scope of Development, as herein provided, and that the covenants as to Equal Opportunity in Construction (Section 4.09 of this Agreement) have been met. Unless the Agency notifies the Developer in writing within fifteen (15) days after receipt by the Executive Director of submission of the contract that the contract has been disapproved, it shall be deemed approved. 4.09 Equal Opportunity. During the construction of the Developer Improvements, Developer shall not discriminate on the basis of race, religion, sex, or national origin in the hiring, firing, promoting or 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 Phase 1 Improvements. Promptly after completion of construction of Phase 1 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 Phase 1 Improvements has been completed excepting the provision of a traffic signal at San Leandro Boulevard (unless such traffic signal has been provided). 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 Phase 1 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 complete the Phase 2 Improvements if construction thereof is commenced and 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 Phase 1 Improvements has been accomplished in conformity with this Agreement, the Agency will provide the Developer with a Certificate of Completion for the Phase 1 Improvements. 13 DOCS00701700v6\24258.0001 rt f�?e.