Agmt20 HCP, Met Life, SCOA - Laserfiche WebLink

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constructing and installing the Levee Improvements through timely payment of owner's association assessments pursuant to the CC&R's, which pro rata shares the City, SCOA and Owners acknowledge is as follows: HCP as to a fifty-four percent (54%) pro rata share and Met as to a forty-six percent (46%) pro rata share. SCOA, in turn, covenants to assess Owners as necessary to perform SCOA's obligations under this Agreement. 7. Permits, Licenses, and Compliance with Law. SCOA will obtain and maintain all necessary land use entitlements, permits and licenses for the design and construction of the Levee Improvements, including by applying for and paying the business tax and registration tax for a business license, in accordance with City of Redwood City Municipal Code. To facilitate construction of the Levee Improvements, SCOA and City will execute an encroachment permit ("Encroachment Permit") substantially in the form attached hereto as Exhibit D authorizing SCOA and its General Contractor and subcontractors to access the existing Seaport Centre Levee and any applicable City -owned land (including any City -owned or Port -owned land administered by the City or Port of Redwood City) as necessary to construct the Levee Improvements. 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 OAK #4819-4834-1908 v20 14