Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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governmental authority to be capable of posing a risk of injury to health, safety or property. 5. Materialitv Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of Developer for the benefit of the City set forth in this Agreement are a material element of the consideration to the City for the performance of its obligations under this Agreement, and that the City would not have entered into this Agreement unless Developer's obligations were as provided for herein. Developer further acknowledges and agrees that the provisions of this Section 2.9 which extend representations, warranties, indemnifications, and/or covenants of Developer to the benefit of the City shall not be satisfied, waived or otherwise extinguished by City's issuance of any Certificate of Completion. ARTICLE 3. PROJECT DEVELOPMENT. 3.1 Precise Plan. The Site is located within an area covered by the recently-adopted Precise Plan and shall be developed by the Developer with a mixed-use retail/commercial project as set forth in the Project Description(Exhibit B). 3.2 Submittal of Plans, Drawin�s and Related Documents. Prior to approval and execution of this Agreement by the Parties, the Developer prepared and submitted to the City, and the City approved a Schematic Design package for the development of the Project on the Site, including the plans for the removal of the portion of the existing walls of the Jefferson Garage to effectuate the connection between the Hamilton Garage and Jefferson Garage. The Developer may also prepare and submit a Design Development package and shall prepare and submit a Construction Document package to the City for review and written approval as and at the times established in the Performance Schedule (Exhibit C). All design submittals will include on- and off-site improvements at a comparable level of design completeness. Off-site improvements include curb, gutter and sidewalk, street trees, street lighting, as well as all utilities. If prepared, Design Development plans and specifications shall provide greater detail (from Schematic) of materials, methods and the inter-relation of the building construction. Construction Document package shall be in sufficient detail to obtain a building permit. During the preparation of all drawings and plans, City staff and the Developer shall hold regular progress meetings as necessary to coordinate the preparation of, submission to and review of construction plans and related documents by the City. The City and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the City can receive prompt and speedy consideration. The City agrees to devote sufficient staff time and personnel to the review and processing of Developer's submittals to ensure the review and approval process is completed in an efficient and expeditious manner. ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 14 of 40 82483.00019\9644366.16