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The Parking Easement shall be used in common by the public; the owners of the <br /> Swany Property, the owners of the Anderson Property and their respective <br /> officers, directors, employees, agents, contractors, customers, vendors, suppliers, <br /> visitors, invitees, licensees, tenants, subtenants and concessionaires for the sole <br /> purpose of non-commercial vehicle parking. <br /> 3. Conditions Precedent to Commencement of Construction. <br /> 3.1 Sworn Construction Statement. Swany or Anderson shall deliver a <br /> certified sworn construction statement executed by the contractor <br /> ("Contractor'), who is retained to construct the Parking Lot setting forth the <br /> amounts necessary to complete construction of the Parking Lot and an <br /> estimate of the disbursement dates for such items. <br /> 3.2 Names of a sworn statement of the Contractor, co-signed by <br /> Swany and Anderson, disclosing the names of each subcontractor, the work <br /> and/or materials to be performed or provided by each subcontractor and the <br /> amounts necessary to complete construction of the Parking Lot. <br /> 3.3 Deposit of sufficient funds to cover the construction for the <br /> Parking Lot and to pay for extras or change orders for which waivers have not <br /> been deposited and for which funds have not previously been deposited in an <br /> escrow account acceptable to the City in the City's sole discretion. <br /> 3.4 Mechanic's lien waivers, or releases of lien with respect to <br /> amounts disbursed from the escrow funds pursuant to the immediately <br /> preceding Request for Payment satisfactory to City. <br /> 3.5 If at any time during the course of construction the total of the <br /> unpaid disclosed Project Costs exceeds the amount of the undisbursed escrow <br /> funds, Swany and Anderson shall deposit the sum necessary to make the <br /> available funds equal to the unpaid disclosed Project Costs. If City discovers <br /> a misstatement in an affidavit furnished by the Contractor or the Borrower, it <br /> shall stop disbursement until the misstatement has been corrected to the <br /> satisfaction of the City. <br /> 4. Construction Obli atg ions. <br /> 4.1 General Requirements. <br /> 4.1.1 Construction Compatibility. In order to produce a unified <br /> development pursuant to the City's redevelopment plan, Swany and <br /> Anderson agree to consult with and obtain approval from the City <br /> concerning on-site improvements, including schematic parking layout, <br /> lighting, landscape areas, and drives. <br /> 4.1.2 Compliance with Laws. Swany and Anderson agree that all <br /> construction activities performed by it shall be performed in <br /> compliance with all laws, rules, regulations, order and ordinances of <br /> -2- <br />