FULL AGENDA PACKET_2021-04-20 - Laserfiche WebLink

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EXHIBIT 3 expressly ackno" ledges and agrees that this Agreement is a personal right of Developer that is neither negotiable, transferable, nor assignable except as set 181111 herein. Developer May assign some or all of its rights under the Ag cement only with is prior written consent of the Lxecutive Director (such consent not to be unreasonably witttheld), except that no prior consent is necessaryforan assignment by limited partner of Developer to an affiliate, oras otlewise provided in the Deed ofTrust- 9.14 Applicable Law. This Agreement shall be uuerpreted, governed and enforced under federal and state laws. 9-15 Third Parries- This Agreement is made for the sole benefit of Developer and the City and their successors and assigns, and no other person or persons ,hall have any rights or remedies tinder or by reason of this Agreement or any right to the exercise of arty right or power of the City hereunder or arising from any default by Developer, nor shall the City owe any duty whatsoever to any claimanl for labor performed or materials furnished in connection with the C0 tsnuction of the Property- 9.1b Control of Property. The parties acknowledge that the City has not at any time participated in any manner in the management or operation of the Property, and will not so participate at any time hereafter 10. CONDITIONS FOR CONSTRUCTION Developer shall comply with this Section until the Certilicateol'Completion is issued. 10.1 Permits and Approvals. Developer shall dilinenty obtain all permits, including all building permits, licenses, approvals, exemptions and other authorizations of governmental Agencies required in connection With the construction of the Property. 10.2 CnnlmCnCCInC1111 and Completion of Construction. The ccntstntction shall be considered complete tot purposes of this Agreement only when (a) al I work described has been completed and fill ly paid tor, and (b) all work requiring inspection orcernficalion by Governmental Authority has been completed and Lill requisite certificates, approvals and other necessary authorizations (including required final certificates of occupancy) have been obtained. 10A3 RESERVED. 10-4 Entry and Inspection- At all times prior- to completion of the construction, upon not le4S than forty-cigltt (48) hours' prior written nUticc, City and their' agents shall have (a) the right of file access to the Property and all sites away trom the Property where materials for the consruction are slored, (b) the right to inspect all labor performed and materials furnished for the construction, and (c) the right to inspect and copy all doctunents pertaining to the construction; provided, however, that if any such eery shall occur while construction activities are occurring, a represcrnaLive of Developer shall accompany City and/or its agents during such entry. City Council 17 21 — 21 4/20/2021