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iWa:11:111VA <br />Developer acknowledges that City relied upon Developer's particular expertise in entering <br />into this Agreement and continues to rely on such expertise to ensure the satisfactory <br />completion of the construction. <br />13. CERTIFICATE OF COMPLETION <br />Upon satisfactory completion of the construction and upon the request of <br />Developer, or at its own election, the City shall issue a Certificate of Completion. Such <br />Certificate of Completion shall be, and shall so state, conclusive determination of <br />satisfactory completion of the construction. <br />If City declines to furnish a Certificate of Completion after written request from <br />Developer, the City Project Manager shall, within thirty (30) days after receipt of the <br />request, provide Developer with a written statement of the reasons therefore. The statement <br />shall contain a description of the action Developer must take to obtain a Certificate of <br />Completion. If the reason therefore is that the Developer has not completed a minor portion <br />of the construction, City may, in its sole and absolute discretion, issue the Certificate of <br />Completion upon the posting with City of a bond or other form of security acceptable to <br />the City Project Manager in the amount of the fair value of the uncompleted work. <br />A Certificate of Completion is not "notice of completion" referred to in Section <br />3093 of the California Civil Code. <br />14. INDEMNIFICATION <br />14.1 Nonliability of City. Developer acknowledges and agrees that: <br />(a) The relationship between Developer and the City is and shall <br />remain solely that of Developer and grantor. City neither undertakes nor assumes any <br />responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform <br />Developer of any matter in connection with the construction, including matters relating to: <br />(i) the performance of the construction work; (ii) architects, contractors, subcontractors and <br />materialmen, or the workmanship of or materials used by any of them; or, (iii) the progress <br />of the construction; and Developer shall rely entirely on its own judgment with respect to <br />such matters and acknowledges that any review, inspection, supervision, approval or <br />information supplied to Developer by City in connection with such matters is solely for the <br />protection of City, and that neither Developer nor any third party is entitled to rely on it; <br />(b) Notwithstanding any other provision of this Agreement: (i) the City <br />is not a partner, joint venture, alter -ego, manager, controlling person or other business <br />associate or participant of any kind of Developer, and City does not intend to ever assume <br />any such status; (ii) City's activities in connection with the Grant shall not be "outside the <br />scope of the activities of a lender of money" within the meaning of California Civil Code <br />Section 3434, as modified or recodified from time to time, and City does not intend to ever <br />assume any responsibility to any person for the quality or safety of the Property; and, (iii) <br />City shall not be deemed responsible for or a participant in any acts, omissions or decisions <br />of Developer; <br />21 <br />