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6. Developer shall obtain quotations for hazardous material evaluations, hazardous material <br />abatement, and demolition based on written specifications to ensure compliance with applicable <br />state and federal laws and to achieve proper pricing and performance standards comparisons. <br />Developer may select the contractor(s) of his choosing, but the allowable project costs to be used <br />for final accounting shall be based upon the lowest responsible bid or quotation received. <br />7. Developer shall be responsible for the demolition of all structures and foundations <br />located on the Subject Property. <br />(a). Demolition shall be completed by the time infrastructure is to be installed for the <br />new development. Developer shall be responsible for all demolition costs unless <br />the City exercises its authority under paragraph (b). <br />(b). The City may require demolition to occur prior to the installation of infrastructure <br />if the City considers the Subject Property a nuisance. If the City exercises this <br />authority, then demolition costs shall be divided equally between the City and <br />Developer. <br />8. The public planning process shall not begin until Developer acquires at least one other <br />property to enable conforming access to the site from either LaBore Road or Arcade Street. The <br />City must approve the price to be paid for such site(s) to ensure a reasonable, market -based <br />transaction. <br />Project Design <br />9. The City shall allow, and the Developer shall consider, use of the City Engineer for <br />design services for the project. If Developer can document less costly design services, then an <br />engineer other than the City Engineer may be used, provided that all work shall be reviewed by <br />the City Engineer as normally occurs in the development review and construction oversight <br />process. The engineer's primary objective shall be to design a project that protects the interests <br />of the City. <br />10. Developer shall involve the neighborhood in the design of the project to ensure <br />compatibility with surrounding properties. Developer shall also attempt to include the excess <br />neighboring properties, as approximated on Exhibit B attached hereto, as part of this project or <br />provide for future access to said properties. Both parties recognize that the many variables <br />involved in this attempt may make it impractical to achieve this outcome. However, a <br />reasonable effort shall be made nonetheless. <br />11. Developer shall bid the project based on plans and specifications prepared by a qualified <br />engineer, subject to the possible use of the City Engineer envisioned in Paragraph 6. Bidding <br />shall be done to ensure competitive pricing. Developer may select the bidder of his choosing, <br />but project costs for final accounting shall be based upon the lowest responsible bidder. <br />12. Developer acknowledges that the City's participation in the costs does not constitute <br />approval of any design, proposal, plat, permit or other related application, and that no legislative <br />3 <br />