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the duration of the Owner’s construction project; and <br />WHEREAS, Owner desires the temporary occupancy and partial temporary closure of the <br /> <br />R.O.W. from time to time in order to facilitate Owner's project and construct the Dedicated <br />Improvements in the R.O.W.; and <br />NOW, THEREFORE, in consideration of the obligations, terms and conditions <br />contained herein, and the above recitals which are incorporated into this Agreement, the <br />adequacy of which consideration the parties expressly acknowledge, Owner and the City agree <br />as follows: <br />1. Construction Inspection <br /> <br />The Owner has provided the City with Exhibit A, which depicts drawings of the <br />Dedicated Improvements, which the City acknowledges conforms to the City's standards. The <br />Owner shall allow the City to inspect the Dedicated Improvements during construction to <br />ensure conformance to the agreed standards as set forth in Exhibit A, in particular with regard <br />to area planning, adequacy of design, and quality of construction. The Owner shall contact the <br />City's Engineering Department at least two (2) business days in advance to arrange for the <br />attendance of a City inspector at key milestones throughout work within the R.O.W. Key <br />milestones shall include but not limited to: hot mix asphalt placement, placement of any <br />drainage apparatus, concrete placement, and tree installation. The Owner agrees to perform <br />any necessary adjustments as reasonably required by the City, in the sole discretion of the City <br />Engineer or her designee, as a result of such inspections. The failure of Owner to comply with <br />this Section l shall be a material breach of this Agreement. <br />2. Permits <br /> <br />It shall be Owner's sole responsibility and expense to obtain all permits associated with