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ii. for those live -work units in the East Village Studios block fronting on <br />Third Street or fronting on the DGWB and Associates parking lot, front windows on the second <br />floor with STC 38 rating; <br />iii. for those live -work units in the East Village Studios block fronting on <br />Third Street, doors with STC 38 rating; and <br />iv. for those live -work units in the East Village Studios block fronting on <br />Third Street or fronting on the DGWB and Associates parking lot, front windows, exterior <br />drywall shall be mounted on resilient channel assemblies. <br />C. The items listed in subparagraphs La. and Lb. shall hereafter collectively be <br />referred to as "the work". City shall be solely responsible for all costs of undertaking the work. <br />If Festival Hall subsequently enters into an Owner's Participation Agreement (or other, similar <br />agreement) with the Community Redevelopment Agency of the City of Santa Ana, City shall <br />cooperate to not interfere with the implementation of this subsequent agreement. <br />d. At the completion of the work, City shall undertake confirmatory testing to <br />indicate whether the work has achieved a situation where the noise impacts on the live -work <br />project meet all applicable standards. <br />2. TIMING OF THE WORK <br />a. City agrees to initiate the work not .earlier than the issuance of a building permit <br />for the forty (40) live -work units on the block containing Festival Hall, and to complete the work <br />prior to issuance of the first certificate of occupancy for any of said forty (40) live -work units. <br />b. City shall cause the issuance and recordation of a certificate of completion or <br />other similar document for the work. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on the date <br />of the issuance of the certificate of completion of the work, or the expiration of Conditional Use <br />Permit No. 01-28, whichever occurs first. The term of this Agreement maybe extended upon a <br />writing executed by authorized representatives of Festival Hall, and for the City by the Executive <br />Director of the Community Development Agency and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />City shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of Festival Hall. This Agreement is not intended nor shall it be <br />construed to create an ernployer-employce relationship, a joint venture relationship, or to allow <br />Festival Hall to exercise discretion or control over the professional manner in which City <br />performs the work which is the subject matter of this Agreement; however, the work to be <br />provided by City shall be provided in a good and workmanlike manner consistent with all <br />