b) The comprehensive development plans which are generally consistent
with the description of the City’s vision and objectives for the Project as described in the
RFP and this Agreement (the “Development Plan”) shall include a general description of
all proposed development of the Project and required infrastructure improvements,
including, but not limited to, its design and construction. The Development Plan shall
also include the following:
Gi) Creation and any modifications to the Development Plan;
Git) — All architectural and engineering designs;
(ii1} Ali necessary governmental permits and approvals; and
(iv) All construction-related requirements (such as soil conditions and
environmental constraints consistent with the Development Plan).
¢) The City, together with its duly authorized agents and employees, may
inspect and monitor the Project and the work performed on the Project at any time with
commercially reasonable prior notice to Developer; provided that the City, and its duly
authorized agents and employees shall follow Developer's reasonable safety regulations.
2.6 Schedule and Order of Development. Developer shall administer all
aspects of the development of the Project subject to all applicable laws, rules and
regulations, including the code requirements of the City and based upon the construction
schedule as follows:
Developer shall develop the Project at its sole expense in accordance with the
Development Plan consistent with the architecture, streetscape and the character of the
adjacent area and downtown Nashua and shall conform to the terms of the Development
Plan. Developer will, during the design process or design phase of the development of the
Project, develop and implement a design review process that will provide City and its
professional staff the right to review and approve, reject or suggest modifications to the
Development Plan, including regularly scheduled meetings in accordance with the
construction schedule, to update City on Developer's progress of the Project. Developer
shall conduct scheduled meetings on a monthly basis to keep City apprised of the
progress of development of the Project. The meetings shall include the Developer, City
representatives and the specialty consultants. Developer shall prepare and distribute
detailed, accurate minutes for all such meetings.
2.7 Development Standards.
a) Developer shall perform the work in accordance with the standard of care
and expertise normally employed by development firms, consultants and contractors
performing similar services in metropolitan areas in New Hampshire, and all duties under
