AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 61 of 176 10/09/2020 Further, City will cooperate with SCOA in SCOA's efforts to seek and obtain entitlements or permits from other governmental agencies which require City's consent; provided, however, SCOA shall be obligated to comply with all BCDC or other governmental agency permit obligations until such time as the Levee Improvements have been satisfactorily completed and accepted by City. No such permit obligation affecting real property which City owns or controls shall be a basis for City to refuse acceptance of the Levee Improvements. Following such acceptance by City, City shall become responsible for complying with those BCDC and other governmental agency permit obligations affecting real property which City owns or controls, and SCOA and/or the Owners, as applicable, shall remain responsible for complying with all such permit obligations affecting the Property. Pursuant to Government Code Section 53313.5, SCOA will administer and perform the Levee Improvements construction "... as if it had been constructed under the direction and supervision, or under the authority of the [City]," including (without limitation) in accordance with Sections 12 through 14 and 18 through 20 below. SCOA will entitle, design and construct the Levee Improvements in compliance with currently prevailing interpretations of all applicable local, state, and federal laws and regulations, including FEMA standards, City zoning and development standards; all other provisions of the City's Municipal Code; and all applicable City policies governing public improvements. 8. Project Schedule of Performance; Construction Schedule. This Agreement includes, as Exhibit F, a project -level schedule of performance ("Schedule of Performance") for the work to be undertaken pursuant to this Agreement including design, installation and construction of the Levee Improvements, and subsequent certification of the complete levee system as required for FEMA accreditation. Subject to satisfaction of the Conditions Precedent, SCOA will substantially complete the Levee Improvements within 18 months after commencement of construction and in any event by no later than 36 months following the Effective Date of this Agreement; provided, however, that such periods will be extended for delays caused by Force Majeure Delay (as defined in Subsection 25(a) below). Any departure from the Schedule of Performance which City considers to be a Deficiency (as defined in Section 24) and therefore potentially a Default under this Agreement shall be subject to the notice and cure provisions of Section 24. Additionally, concurrently with its written notice of commencement of construction of the Levee Improvement work, SCOA will provide the City with a detailed written construction schedule, consistent with the Schedule of Performance (including any adjustments resulting from award of the Construction Contract) ("Schedule of Construction"). SCOA will deliver to the City (through the Seaport Project Committee) written updates to the Schedule of Construction as necessary (no less frequently than monthly) to accurately reflect prosecution of the Levee Improvement work. 9. SCOA's Investigation of Levee Property. Based upon the conduct of a sub- surface drilling and soils testing program for levee design purposes undertaken in February 2016, along the existing and proposed levee alignment, as well as a review of the State of California's January 2019, GeoTracker Report map, SCOA did not identify the presence of any Hazardous Materials under or about the existing Seaport Plaza or Seaport Centre levees, including within the underlying soil and ground water, or the soil or ground water at the location of the Levee Improvements as proposed to be constructed. During construction of the Levee Improvements, and prior to conveyance of the Levee Improvements to City, SCOA will make such further investigations of the Levee Improvements and land underlying such improvements as SCOA deems necessary to confirm the presence or absence of Hazardous Materials on, under or about OAK #4819-4834-1908 v19 14 ATTY/AGR/2020.230/SEAPORT LEVEE AGREEMENT 243