AgdaPkt 2002-12-09 - Laserfiche WebLink

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q. �-125 — gsoa cosc or cooScrucuon ::. - , _ _ ._ , . -, ;-,. , _ .. Subjxt to the terms and provisions of Uris Agreement, the wst of developing the Project and constructing all improvements thereon shall be bome by Developer. , _ ,._ - _: _ _ _ §505 Construction Schedule After the conveyance of rifle or possession in accordance with this Agreement and the granting of all permits and approvals as contemplated in Uris Agreement, the Developer shall promptly begin and thereafter complete the prepazation of the Project Site for construction, and the constcuction of the improvements and the development of the Project Site (including the construction of the Public Parldng Facility and the relocation of utilities and the culvert, unless such relocation is performed by the City pursuant to Section 518 of this Agreement and) in accordance with the Schedule of Performance, The Developer shall begin and complete all conshucrion and development wiUun the times specified in the Schedule of Performance or such reasonable extension of said times as may be g�anted by the Agency in accordance with ttus Agreement. The Schedule of Performance is subject to revision from time-to-time as mutually agreed upon in writing by the Parties. The City and the Agency, respectively, aclmowledge that the City Manager of the City shall be authorized to approve on behalf of the City, and the Executive D'uector of the Agency shall be authorized to approve on behalf of the Agency, the making of any sueh revisions to the Schedule of Performance that are non-material. During the period of construction, but not more frequently than onca a month, the Developer shall submit to the Agency a written progress report of the construction when and as requested by the Agency. Such requirement shall be deemed satisfied upon submittal by the Developer of a copy of its report to the construction lender. §506 Insurance and Indemnification Developer shall defend, indemnify and hold hazmless the Agency and the City and their governing bodies and their officers, employees, agents and attomeys (collectively, the "Indemnitees") &om and against any liability, loss, cost or expense arising out of any personal injury (including death) or physical damage to property, including loss of use of property resulting from any such physical damage, caused by Developer or its agents in conducting its Site Feasibility Assessment, except such as may arise from the negligence or willful misconduct of the Agency and/or the City, or their ofl�icers, members, agents or employees. Prior to the commencement of construction on the Project Site or any portion thereof, Developer shall fiunish or cause to be fumished to the Agency duplicate originals of bodily injury and property damage insurance in ffie aggregate a.�nount of Three Million Dollars (�3,000,000) combined single limit policy naming the Agency and the City, and their governing bodies, officers, members, agents, attomeys and employees as co-insureds, which coverage shall be primary insurance and not contributing with any other insurance maintained by the Agency. Such policy shall include broad form contractual liability coverage to the extent such coverage is provided subject to standard exclusions, for Developer's indemnification agreement set forth in this section. Developer shall also fiunish or cause to be fumished to the Agency and the City — evidence satisfactory to the Agency and the City that any contractor with whom it has contracted for the performance of work on the Project Site carries workers' compensation insurance as 23 DOCSSFL648942.4 9975-5 C 14 120502