Agmt15 Hamiilton & Winslow Properties, LLC - DDA

Browse Search

ARTICLE 1. DEFINITIONS. 1.1 Defined Terms. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. 1.2 Certificate of Completion. "Certificate of Completion" means the partial ar final, as the case may be, Certificate of Completion to be issued by the City pursuant to Section 4.6. 1.3 Citv. The City of Redwood City and any board, commission, department, officer or authorized agent thereof, including financing districts solely controlled by the City Council of City. 1.4 City Parties. "City Parties" means, collectively, the City, its governing body, elected officials, employees, agents and attorneys. 1.5 Close of Escrow. "Close of Escrow" means the recording of the Easement and Parking Agreement and quitclaim deed for the Sliver Parcel in the official records of the County and completion of each of the actions set forth in Section 2.6 by the Escrow Agent for the conveyance of the interests in the Public Access Parcels and Sliver Parcel from the City to the Developer. 1.6 Closin Date. "Closing Date" is defined in Section 2.6. 1.7 Communitv Development Director. The Community Development Director of City or any authorized designee thereof or successor thereto. 1.8 Construction Contract. "Construction Contract" means a current agreement between the Developer and its contractor far construction of the Hamilton Garage for a guaranteed maximum price or a stipulated price expressly set forth in such contract and in accordance with all of the terms and conditions of this Agreement. The Construction Contract shall be subject to approval by the City which approval shall not be withheld so long as it contains the obligation to comply with all applicable Laws, including prevailing wage laws, to perform in accordance with the standards set forth in this Agreement, to obtain insurance and provide evidence of all Contractor's Insurance required under this Agreement, and to defend, indemnify and hold harmless the City as provided in this Agreement. Developer shall submit the form of construction contract to City for approval at least 15 days prior to the date scheduled far the Close of Escrow. 1.9 Contamination. "Contamination" is defined in Section 2.9. 1.10 County. "County "means the County of San Mateo, California. 1.11 Default. "Default" means a "Developer Event of Default," as defined in Section 7.4, or a"City Event of Default," as defined in Section 7.3, as the case may be. 1.12 Developer. Hamilton & Winslow Properties, LLC, a California limited liability company. ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA REV:08-18-15 VR Page 2 of 40 82483.00019\96443 66.16