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Upon satisfactory completion of the construction and upon the request of <br />Developer, or at its own election, the City of Santa Ana shall issue a Certificate of <br />Completion. Such Certificate of Completion shall be, and shall so state, conclusive <br />determination of satisfactory completion of the constriction. <br />If City declines to furnish a Certificate of Completion after written request from <br />Developer, the Executive Director shall, within thirty (30) days after receipt of the <br />request, provide Developer with a written statement of the reasons therefore. The <br />statement shall contain a description of the action Developer must take to obtain a <br />Certificate of Completion. If the reason therefore is that the Developer has not completed <br />a minor portion of the Construction, City may, in its sole and absolute discretion, issue <br />the Certificate of Completion upon the posting with City of a bond or other form of <br />security acceptable to the Executive Director in the amount of the fair value of the <br />uncompleted work. <br />A Certificate of Completion is not evidence of compliance with or satisfaction of <br />the Loan Documents or any obligation of Developer to any other party whatsoever, <br />including any holder of a mortgage or deed of trust. A Certificate of Completion is not <br />"notice of completion" referred to in Section 3093 of the California Civil Code. <br />16. INDEMNIFICATION <br />16.1 Non - liability of City. Developer acknowledges and agrees that: <br />(a) The relationship between Developer and City is and shall <br />remain solely that of borrower and lender, 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 <br />to: (i) the performance of the constriction work, (ii) architects, contractors, <br />subcontractors and materialmen, or the workmanship of or materials used by any of them, <br />or (iii) the progress of the construction; and Developer shall rely entirely on its own <br />judgment with respect to such matters and acknowledges that any review, inspection, <br />supervision, approval or information supplied to Developer by City in connection with <br />such matters is solely for the protection of City and that neither Developer nor any third <br />party is entitled to rely on it; <br />(b) Notwithstanding any other provision of any Loan Document: (i) <br />the City are not a partner, joint venture, alter -ego, manager, controlling person or other <br />business associate or participant of any kind of Developer and City does not intend to <br />ever assune any such status; (ii) City's activities in connection with the Loan(s) shall not <br />be "outside the scope of the activities of a lender of money" within the meaning of <br />California Civil Code Section 3434, as modified or recodified from time to time, and City <br />does not intend to ever assume any responsibility to any person for the quality or safety <br />of the Property; and (iii) City shall not be deemed responsible for or a participant in any <br />acts, omissions or decisions of Developer; <br />30 <br />