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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 in 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 /> I. <br /> accordance with applicable laws, including without limitation, public contracting <br /> and prevailing wage and labor laws. <br /> SECTION 3. Project Funding. <br /> j (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. Within 3 business days after the date of expiration of <br /> the bid protest period (unless a protest is filed, the protest period will expire 5 days <br /> <br /> 1 eve o er shall de oszt vv~th <br /> after the date of the notice of intent to award bids), D 1 p p <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 /> condition precedent to City's award and execution of the contract for construction <br /> of the Project. <br /> (c) Project Completion Payments. Developer will deposit with City such additional <br /> sums as are required to complete the Project, in each case, within thirty (30) days <br /> after the date of notice from. the City specifying 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 Obligation 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 /> <br />