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identified in Exhibit "F -1" and Exhibit "F -2" will be dedicated to the City by easement and <br />maintained by an Owner's Association. <br />Section 3.02. Designation of Construction Manager, Construction Engineers <br />(a) The City hereby designates the Owner, or its assignees, as the Construction <br />Manager with full responsibility for the design, the designation of easement locations, facilities <br />site designations and acquisitions, supervision of construction, and the bidding and letting of <br />construction contracts for the construction of the Public Improvements in accordance with the <br />provisions of this Article III and in accordance with any requirements of the City and, as <br />applicable, City approved plans. <br />(b) Except as otherwise provided herein, inspection of the construction of any Public <br />Improvement being conveyed to the City will be by City Construction Representative or its <br />designee. Any City inspection of a Public Improvement being conveyed to the City will be in <br />accordance with any requirements of the City. <br />(c) The Owner shall be entitled to a separate Construction Management Fee for the <br />construction of each Segment, unless Owner contracts with a third party to act as the Construction <br />Manager with respect to construction of the Public Improvements. The Construction Management <br />Fee is part of Actual Costs and will be paid as part of the Actual Costs. <br />(d) The City shall cooperate with the Owner in connection with its services as <br />Construction Manager. <br />(e) The Owner shall designate the consulting engineers for the Public Improvements <br />for the compensation specified by the Owner. <br />Section 3.03. Designation of Construction Manager Subcontractor <br />The City acknowledges and agrees that Owner may subcontract out all or some of the duties <br />of Construction Manager to a third party. Owner may designate an individual, company, or <br />partnership or other entity as a subcontractor for construction management services for one or <br />more Public Improvements or distinct Segments thereof provided that such designee has the <br />technical capacity, experience and expertise to perform such construction management duties or <br />obligations. Owner may make such designation under the same terms as set out in Section 8.03(a) <br />of this Agreement. <br />Section 3.04. Maintenance of Project, Warranties <br />Unless otherwise provided for, the Owner (or the Owner's Association, as applicable) shall <br />maintain each Public Improvement (or Segment thereof) in good and safe condition until such <br />Public Improvement (or Segment thereof) is accepted by the City. The City's acceptance of Public <br />Improvements shall be in accordance with the City's standard rules and procedures for the type of <br />improvements being constructed. Prior to such acceptance, the Owner shall be responsible for <br />performing any required maintenance on such Public Improvement. On or before the acceptance <br />by the City of a Public Improvement (or Segment thereof), the Owner shall assign to the City all <br />of the Owner's rights in any warranties, guarantees, maintenance obligations, or other evidences <br />7 <br />