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4.10 Certificate of Completion for Improvements. <br />Promptly after completion of construction of Improvements in accordance <br />with the provisions of this Agreement, including all site work and open space <br />improvements, and upon the Date of Substantial Completion the Agency will provide <br />an instrument so certifying provided that, at the time such certification is issued, the <br />Improvements have been completed (hereafter "Certificate of Completion"). Such <br />Certificate of Completion shall be conclusive determination that the covenants in this <br />Agreement with respect to the obligations of Developer, its successors and assigns, to <br />construct the Improvements and the dates for the beginning and completion of <br />construction thereof have been met. Such Certificate of Completion shall be in such <br />form as will enable it to be recorded among the official records of Alameda County. <br />Such Certificate of Completion and determination shall not constitute evidence of <br />compliance with or satisfaction of any obligation of Developer to any holder of a deed <br />of trust securing money loaned to finance the Improvements or any part thereof and <br />shall not be deemed a notice of completion under the California Civil Code. <br />4.11 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 which may be required by Developer's lenders, or by City for <br />construction of off -site improvements which bonds shall be issued by a reputable <br />insurance company licensed to do business in California. Such bonds shall naive the <br />Agency as co -obligee. <br />Article Five: CHANGES IN DEVELOPER <br />5.01 Identity of Developer. <br />The Developer is a corporation with David C. Inner as President. <br />5.02 Changes Only Pursuant To This Agreement. <br />The qualifications, experience and expertise of Developer and its President is of <br />particular concern to the Agency. It is because of these qualifications, experience and <br />expertise that the Agency has entered into this Agreement. No voluntary or <br />Disposition and Development Page 24 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />