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4. Developer shall provide reasonable cooperation, promptly execute and deliver <br /> all documents and take all other acts necessary to enable City to construct the <br /> Project .in a timely manner. <br /> 5. Developer shall pay all Project costs and expenses except for those costs paid <br /> by Grant funds~n accordance with the Grant Agreement: <br /> (c) Legal Conditions. Developer understands and agrees that the Project will be a <br /> public improvement and a public works project, and that it will. be constructed in <br /> accordance with applicable laws, including without limitation, public contracting <br /> and prevailing wage and labor laws. . <br /> SECTION 3. Project Funding. <br /> (a) Sources of Funding. The costs of the Project shall be payable solely from: (1) . <br /> moneys actually received by City and `properly expended under the Grant <br /> Agreement and (2) moneys deposited with City by Developer. The Project will be <br /> .completed without cost to City. City shall draw on the sources of funding for <br /> reimbursement of Administrative Costs. <br /> (b) : Deposit of Project Budget. V~ithin 3 business days aver the date of expiration of <br /> I!, the bid protest period (unless a protest is filed, the protest period will expire 5 days <br /> ~ after. the date of the .notice of intent to award bids), Developer shall deposit. with <br /> City. an amount of cash equal to: 120% of the successful construction bid, less the <br /> sum of the Grant..Receipt of the deposit described'in this subsection. shall be` a <br /> <br /> I, condition precedent to City' ~ award and execution of the contrast for construction <br /> of the Project. <br /> .(c) Project Completion Payments. ,Developer will deposit with City such additional <br /> sums as are requiredto complete-the Project, iri'>each case, within thirty (30) days. • <br /> after the- date of notice from the City pecifying the amount required.. Developer's <br /> obligation under this subsection shall include reimbursement of any Grant funds <br /> that are required to be returned to Lane County as a result of any Project cost <br /> accounting required by the Grant Agreement. <br /> • (d) Developer's Oliligafion Absolute; Non-Waiver. Developer's .obligation <br /> . hereunder shall be absolute and unconditional, .and no act by City, including, . <br /> without limitation, City's incurrence of any Project cost or execution of any Project . <br /> contract, shall constitute a waiver of its right to enforce- Developer's strict <br /> compliance with its obligations hereunder. <br /> Developer Agreement -East Ridge Village PUD -Interchange Improvements -Page 4 <br /> <br />