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C. IF THE DEVELOPER HAS QUESTIONS REGARDING THE <br />APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS AGREEMENT, CONTACT THE CITY'S CUSTODIAN OF <br />PUBLIC RECORDS, ATTN: DONNA G. GARDNER, CMC, CITY <br />CLERK, AT 407-262-7700 EXT. 1133, <br />DGARDNER@CASSELBERRY.ORG, 95 TRIPLET LAKE DRIVE <br />CASSELBERRY, FLORIDA 32707. <br />28. Retention of Records. The Developer shall retain in its records copies of all (i) <br />written communications; (ii) memoranda of verbal communications; (iii) accounting records <br />(including original estimates and estimating work sheets, purchase orders and invoices); (iv) job <br />site notes; (v) daily logs; (vi) reports; (vii) notices; (viii) all subcontract files (including proposals <br />of successful and unsuccessful bidders); (ix) change order files (including documentation <br />covering negotiated settlements); (x) written policies and procedures, (xi) records necessary to <br />evaluate and verify direct and indirect costs (including by way of example overhead allocations, <br />payroll records, time sheets, rental receipts, fixed asset records); and (xii) other documents such <br />as plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, <br />videos, accounting records, documents reflecting the unit price of construction and other writings <br />or things which document the Sidewalk, its design, its cost and its construction. <br />(i) Developer shall maintain substantiating records for any period of time as may be <br />required by regulation, law or good construction practice. If Developer receives <br />notification of a dispute or the commencement of litigation regarding the Sidewalk, <br />Developer shall continue to maintain all Sidewalk records until final resolution of the <br />dispute or litigation. <br />(ii) Developer shall, upon seven days request from the Developer, secure from its <br />subcontractors and suppliers copies of (i) written communications; (ii) memoranda of <br />verbal communications; (iii) accounting records (including original estimates and <br />estimating work sheets, purchase orders and invoices); (iv) job site notes; (v) daily logs; <br />(vi) reports; (vii) notices; (viii) all subcontract files (including proposals of successful and <br />unsuccessful bidders); (ix) Change Order files (including documentation covering <br />negotiated settlements); (x) written policies and procedures, (xi) records necessary to <br />evaluate and verify direct and indirect costs (including overhead allocations), and (xii) <br />other documents generated with respect to the Sidewalk. <br />29. Tune is of the Essence. Tune is hereby declared of the essence as to the lawful <br />performance of all duties and obligations set forth in this Agreement. <br />30. Interpleader. The City, CRA and Developer mutually agree that in the event of <br />any controversy regarding the Reimbursement Amount, unless mutual written instructions are <br />received by the Escrow Agent directing the Reimbursement Amount's disposition, the Escrow <br />Agent shall not take any action, but instead shall await the disposition of any proceeding relating <br />0 <br />