R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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or defects in design and construction. When necessary,Developer shall cause the Architects to issue stop work orders on questionable construction,and direct special inspection or testing of such work, which in Developer's best judgment, may not be in accordance with the provisions of the Construction Documents, whether or not such work is fabricated, installed or completed. The Architects' contract shall require the Architects to conduct at least monthly inspections of the work and verify that the work is being performed in accordance with the Construction Documents. Developer shall enforce its or, as may be appropriate under the circumstances, Owner Entity's contract rights against the General Contractor or Architect for violations of their respective agreements, non-conformance with the plans and specifications, or unexcused delays. 5.6.9 Document Records. Developer shall retain a record of the Construction Documents for all Phase I Site Components for such period as may be required by any Legal Requirement, but in any event for a period of at least three years, following completion of the Phase I Site Component. The Construction Documents shall be maintained in Developer's office during construction,and thereafter in its management office located in.close proximity to the Phase I Site. Developer shall make all Construction Documents available for inspection by DHA and the City or their designees upon reasonable notice, and at a location within the City's jurisdictional limits. 5.6.10 Substantial Completion Inspection. Upon Substantial Completion of any Component as defined herein, or as may be defined in the Construction Documents and/or DHA Financing Documents,Developer shall cause a"punch list"to be developed. Developer shall notify DHA and the City of such inspection and allow DHA's and City's representatives to participate. Developer shall require the General Contractor to replace or correct work that does not conform to the Construction Documents. 5.6.11 Cost Certification. Upon Substantial Completion and the subsequent inspection of a Component, Developer shall perform a cost certification that complies with the standards of IHDA and/or HUD, as and if required. 5.7 Right of Entry by DHA. DHA and the City reserve for themselves and their authorized agents the right to enter the Phase I Site at any and all reasonable times to inspect the Phase I Site Components and any work in progress for the purpose of protecting or furthering DHA's or the City's interests under this Agreement. DHA expects to have a representative perform inspections of construction regularly. Developer shall facilitate the efficiency and effectiveness of the inspection process by coordinating inspections among the interested parties(as well as assuring the correction of any deficiencies that may arise).Notwithstanding the foregoing,DHA and the City shall have no obligation to make or have their respective representatives make any such inspection of the Phase I Site Components. Such inspections are for DHA's and the City's information only and the Developer shall not be relieved of its obligation to complete the Phase I Site Components in accordance with this Agreement. 5.8 Developer's Environmental Responsibilities. 5.8.1 Prohibited Substances. Developer, its agents, employees, and contractors shall not, and shall not permit any other person, including, but not limited to, third parties with Decatur Housing Authority Near North Impact Area Development Agreement Page 25