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(c) New Restroom Facility. District shall construct a new public restroom building ("New Restroom
<br />Facility") within the Sandpiper Joint Use Site meeting mutually agreed upon design, location, and amenity
<br />requirements. District shall install a separate water meter for this new restroom facility. The restroom facility will be
<br />solely owned and operated by the City at its sole cost, except as otherwise mutually agreed upon or as otherwise
<br />provided for in this Lease. Unless otherwise agreed to, or provided for in this Lease, the City shall be solely
<br />responsible for maintenance of this restroom facility and costs associated therewith. It is anticipated and agreed that
<br />the restroom facility will be available to the general public only after school hours, on weekends, and when no school
<br />is in session and that it will remain locked at all other times. Should the District wish to use the restroom facility
<br />during school hours, the District may request that City allow such use. If such request is granted by the City Manager,
<br />in her/his sole and absolute discretion, which may be unreasonably withheld, the terms of District's use will, at a
<br />minimum, include a requirement that the District be solely responsible for monitoring and maintaining the restroom
<br />facility during the hours of District use and ensuring, through the provision of janitorial services or any other mutually
<br />agreed upon reasonable means, that the restroom is cleaned and made ready for public use at the end of the school
<br />day.
<br />(d) Failure to Construct Additional Site Improvements. District shall diligently pursue construction of the
<br />Additional Site Improvements to completion. Subject to extensions for unavoidable delays, failure of the District to
<br />complete construction of the Additional Site Improvements within eighteen (18) months of the Term Commencement
<br />Date shall constitute default by the District under Section 24.2(a)(iii) of this Agreement.
<br />SECTION 10. CONSTRUCTION OF IMPROVEMENTS
<br />10.1 Construction Schedule. District agrees to use reasonable efforts to cause construction of the New
<br />Classroom Building and Additional Site Improvements (collectively "New Project") to be commenced promptly after
<br />issuance of a building permit.
<br />10.2 General Construction Contractor Selection Procedures. District, in its sole discretion, and in full
<br />compliance with all applicable laws and regulations, shall select, or itself act as, the general contractor(s)
<br />("Contractor") for the New Project. District's will carry, or require that Contractor cavy, maintain, and keep in force
<br />insurance that provides, at a minimum, the coverage set forth in Exhibit F, attached hereto and incorporated herein.
<br />District shall provide City proof of such insurance prior to commencement of work on the New Project. Prior to
<br />commencing any work, Contractor shall deliver certifications of coverage evidencing the required coverage.
<br />10.3 General Construction Standards. With respect to the New Project, District shall require the Contractor or
<br />Subcontractor working on the Sandpiper Joint Use Site, while working at the Sandpiper Joint Use Site, to take all
<br />reasonably necessary measures to avoid material damage, disruption, or inconvenience to City and City property that
<br />is not subject to this lease caused by such work, and shall require the Contractor to institute an appropriate safety
<br />program In addition, and without the limiting the generality of District's obligations to indemnify elsewhere in this
<br />lease, District shall pay (or cause to be paid) all costs and expenses associated with District's work and shall indemnify,
<br />defend and save City harmless from and against all liabilities, damages, losses, claims, actions or proceedings
<br />(including, without limitation any petition for review thereof) (each, for purposes of this Section 10.3, a "Challenge")
<br />related to District's construction of the New Project, or of any subsequent alterations or improvements on the
<br />Sandpiper Joint Use Site (including, without limitation, the work of the Contractor, any contractor or any
<br />subcontractor), as the case may be, and the performance of District's work (including, without limitation, performance
<br />by the Contractor, any contractor or any subcontractor), except to the extent that such liability is the result of grossly
<br />negligent, reckless, or willful misconduct by the City. District shall bear any and all losses, damages, injuries,
<br />liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully -loaded
<br />basis, attorney's fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising
<br />out of or related to any Challenge (for purposes of this Section 10.3, "Costs"). District's obligations to indemnify,
<br />defend, and save City harmless set forth in this Section shall survive the expiration or termination or this Lease. Dust,
<br />noise and other effects of District's work shall be controlled by District as required by applicable laws so as to
<br />ATTY/AGR/2017.041/GROUND LEASE—SANDPIPER
<br />REV: 03-01-17 JS
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