My WebLink
|
Help
|
About
|
Sign Out
Browse
Search
Agmt20 HCP, Met Life, SCOA
RedwoodCity
>
City Clerk
>
Agreements
>
2020-2029
>
2020
>
Under 60K
>
Agmt20 HCP, Met Life, SCOA
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/18/2025 5:12:45 PM
Creation date
2/1/2022 9:02:05 AM
Metadata
Fields
Template:
Agreement
Contractor Name
HCP, Met Life, SCOA
PROJECT NAME
Levee Financing and Improvement Agreement
Date
10/27/2020
Reso Ref
15900
Amendment
Yes
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
129
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
complete or cause the completion of the Levee Improvements or restoration of the Seaport <br />Centre Levee and, following completion or restoration thereof, to maintain such improvements; <br />and/or <br />iii. Obtain reimbursement from SCOA pursuant to Section 11 for any costs <br />City has accrued that have not already been reimbursed. <br />(d) SCOA Remedy Following Completion of the Levee Improvements. In the event <br />the City defaults in its obligation to acquire the Levee Improvements following SCOA's <br />satisfactory completion of the Levee Improvements in accordance with this Agreement, SCOA <br />may enforce its right to convey the Levee Improvements to the City by specific performance. <br />25. General Provisions. <br />(a) Force Majeure; Extension of Times of Performance. Subject to the limitations set <br />forth below, the time within which a Party shall be required to perform any act under this <br />Agreement shall be extended by a period of time equal to the number of days during which <br />performance of such act is delayed unavoidably and beyond the reasonable control of the Party <br />seeking the delay by strikes, lock outs, and other labor difficulties; acts of God; unusually severe <br />weather, but only to the extent that such weather or its effects (including, without limitation, dry <br />out time) result in delays that cumulatively exceed twenty (20) days for any winter season <br />occurring after commencement of construction of the Levee Improvements; failure or inability to <br />secure materials or labor by reason of priority or similar regulations or order of any <br />governmental or regulatory body; changes in local, state, or federal laws or regulations, including <br />FEMA regulations; enemy action; civil disturbances; wars; terrorist acts; fire; unavoidable <br />casualties; mediation, arbitration, litigation, or other administrative or judicial proceeding <br />involving this Agreement or the Levee Improvements; acts or failures to act of City or its agents; <br />design or budgetary changes pursuant to Section 3 above (including any period during which <br />work is suspended pending review and consideration of such changes and decisions or <br />instructions thereon by or from City, FEMA or other authority); investigation and/or remediation <br />of Hazardous Materials pursuant to Sections 9 or 21 above; discovery of concealed or unknown <br />conditions; or defaults by the General Contractor in performance of the Levee Improvements <br />work, provided SCOA is diligently and continuously pursuing legal recourse and remedies <br />against such defaulting General Contractor) (each a "Force Majeure Delay"). An extension of <br />time for any such cause shall be for the period of the enforced delay and shall commence to run <br />from the time of the commencement of the cause, if written notice by the Party claiming such <br />extension is sent to the other Parties within sixty (60) days of the commencement of the cause. If <br />written notice is sent after such sixty (60) day period, then the extension shall commence to run <br />no sooner than sixty (60) days prior to the giving of such notice. Times of performance under <br />this Agreement may also be extended in writing by the mutual agreement of the City Manager, <br />Owners and SCOA. SCOA's or Owners' inability or failure to obtain financing to pay the <br />upfront costs of the Levee Improvements shall not be deemed to be a cause outside the <br />reasonable control of SCOA or Owners and shall not be the basis for a Force Majeure Delay. <br />OAK #4819-4834-1908 v20 29 <br />
The URL can be used to link to this page
Your browser does not support the video tag.