Agmt17 Belmont-Redwood Shores School District

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the coverages required in Exhibit F, attached hereto and incorporated herein. District shall maintain, keep in force and pay all premiums required to maintain and keep in force all insurance above at all times during which such work is in progress. 10.5 Soil Conditions. To City's actual knowledge, the Sandpiper Joint Use Site contains no substances that might constitute hazardous materials. District may enter onto the land before the Commencement Date to make soil and non-destructive structural engineering tests that District considers necessary. All such tests made by or on behalf of District shall be at District's sole expense and shall be evidenced by a separate contract. A copy of any reports shall be delivered to City within thirty (30) days of receipt by District. 10.6 Grant of Easements. City shall cooperate with District in granting to public entities or public service corporations, for the purpose of serving the Premises and, with the reasonable approval of City, other property, rights-of-way or easements on or over the Premises for poles or conduits or both for telephone, electricity, water, sanitary or storm sewers or both and for other utilities and municipal or special district services. 10.7 Comoletion of Construction by District (a) Diligent Prosecution to Completion. Once the work is begun, District shall with reasonable diligence prosecute to completion all construction of the New Project. All work shall be performed in a good and workmanlike manner, shall substantially comply with the Building Plans submitted to City as required by this Lease, and shall comply with all applicable governmental permits and Laws. If District does not prosecute to completion all construction of the New Project, City may, in its sole discretion, require District to remove any partially constructed improvements and return any affected areas of the Sandpiper Joint Use Site to their prior condition. Such removal work will be subject to the requirements of Section 10 of this Lease. (b) Protection of City Against Cost or Claim. District shall pay or cause to be paid the total cost and expense of all works of improvement, as that phrase is defined in the Mechanics' Lien Law in effect in California when the work begins. No such payment shall be construed as rent. District shall not suffer or permit to be enforced against the Sandpiper Joint Use site or any part of it any mechanic's, materialman's, contractor's or subcontractor's lien arising from any work of improvement, however it may arise. However, District may in good faith and at District's own expense contest the validity of any such asserted lien, claim, or demand, provided District has furnished the bond required in California Civil Code section 3143 (or any comparable statute hereafter enacted for providing a bond freeing the Premises from the effect of such a lien claim). In addition to, and not as a limitation on, District's indemnification obligations set forth in this Lease, District shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Sandpiper Joint Use Site by District and/or its contractors, subcontractors, consultants and professionals, together with reasonable attorneys' fees and all costs and expenses incurred by City in negotiating, settling, defending or otherwise protecting against such claims in the event of the breach by District of the duty to defend or indemnify City. The obligations set forth in the forgoing sentence shall survive expiration or other termination of this Lease. (c) City's Right to Discharge Lien. If District does not cause to be recorded the bond described in California Civil Code section 3143 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered against District by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if District fails to stay the execution of the judgment by lawful means or to pay the judgment, City shall have the right, but not the duty, to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. District shall, within ten (10) days, reimburse and indemnify City for all sums, costs, expenses and liabilities incurred by City. The obligation in the forgoing sentence shall survive the expiration or other termination of this lease. 10.5 Restore Ground. During the construction of the New Project, or construction and/or placement of relocated improvements on City grounds, District shall be responsible for restoring the surface of the ground and any ATTY/AGR/2017.041/GROUND LEASE —SANDPIPER REV: 03-01-17 JS Page 7 of 33