AgdaPkt 2015-07-27 Joint SA and PFA

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8.A. - Page 60 THE RESPONSIBILITY OF COMPLIANCE WITH THE CALIFORNIA LABOR CODE DURING THE CONSTRUCTION OF THE IMPROVEMENTS SUBJECT TO THIS REQUIREMENT RESTS WITH THE DEVELOPER. THE DEVELOPER SHALL INDEMNIFY THE CITY, PURSUANT TO SECTION 5.1, AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR THE CONSTRUCTION OR INSTALLATION OF ALL OR ANY PORTION OF THE PROJECT. THE OBLIGATION OF DEVELOPER UNDER THIS SECTION 3.9. SHALL BE LIMITED TO ACTUAL OUT -OF- POCKET EXPENSES SUFFERED OR INCURRED BY CITY PARTIES AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS. ARTICLE 4. SPECIFIC CRITERIA APPLICABLE TO DEVELOPMENT OF THE PROJECT. 4.1 Easements; Abandonments. City shall cooperate with Developer in connection with any arrangements for abandoning existing utility or other easements and facilities and the relocation thereof or creation of any new easements within the Developer Property or Public Access Parcels necessary or appropriate in connection with the development of the Project; and if any such easement is owned by City or an agency of City, City or such agency shall, at the request of Developer, undertake appropriate proceedings, subject to applicable legal requirements, as may be necessary to abandon existing easements and relocate them, as necessary or appropriate in connection with the development of the Project. Developer shall be responsible for the costs of relocating utility or other easements and facilities, provided, however that City agrees that it will pay for a pro rata share of the costs associated with the relocation of the existing utility or other easements and facilities located within the Public Access Parcels themselves. Prior to the commencement of any construction, the parties shall meet and confer in good faith to determine the proportionate share of such utility relocation costs to be borne by each party. 4.2 Satisfaction of Parking Standards. The parties agree that, pursuant to the parking standards set forth in the Precise Plan, the Project is required to provide a total of two hundred three (203) parking spaces, which requirement may be satisfied either by providing on -site parking or payment of the City's In -Lieu Parking Fee, or a combination thereof. The parties agree that the parking standards for the Project shall be satisfied as follows: (a) On -site spaces: The Project shall provide eighty -eight (88) on -site underground parking spaces in the Hamilton Garage, in accordance with plans approved by the City. Developer shall provide valet parking at all times that the Hamilton Garage is open; (b) In -Lieu Parking Fees: Pursuant to the Precise Plan parking standards, Developer is also required to pay In -Lieu Parking Fees for a total of one hundred fifteen (115) parking spaces for the Project. However, based on the application of the credit provided in paragraph (c) below, the Developer shall pay In -Lieu Parking Fees of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000); and 82483.00019\9644366. 13 ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA REV: 07 -22 -15 VR Page 19 of 102