Laserfiche WebLink
Page 6 of 13 <br />ATTY/AGR/2022.014.07/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />radon gas, urea-formaldehyde, asbestos, asbestos-containing materials, and lead; <br />and (v) per- and polyfluoroalkyl substances (PFAS). <br />4.Other Requirements. <br />(a) Scope of Demolition Work. So long as the Commencement Date is on or earlier <br />than August 1, 2023 (subject to potential extension pursuant to the Abatement <br />Force Majeure provisions set forth in Section 2.1 of that certain Second <br />Amendment to Development Agreement, effective on or about the Effective Date), <br />Developer shall promptly cause its contractor and subcontractors to perform the <br />Demolition Work. As of the Effective Date, the parties anticipate that Developer’s <br />performance of the Blomquist Extension work can be accomplished without having <br />to excavate and remove below grade building foundations within the Blomquist <br />County Right of Way Area and, therefore, the Demolition Work that is the subject <br />of this Agreement includes demolition and removal of buildings and structures to <br />grade level only. In the event the City Engineer requires, as a condition of <br />constructing the Blomquist Extension, that Developer remove below grade building <br />foundations, or portions thereof, within the Blomquist County Right of Way, <br />Developer will be obligated to do so at its expense; provided, however, Developer <br />will have no obligation to remove from the County Property any Hazardous <br />Substances or any other currently unknown below grade structures including, <br />without limitation, underground tanks, vaults, and utilities, that may be discovered <br />in connection with such below grade foundation removal work. If Developer <br />discovers such Hazardous Substances or other below grade, non-building <br />foundation structures, Developer shall excavate those Hazardous Substances or <br />structures and deposit same on a location on the County Property designated by <br />City and Developer shall have no further obligations with respect thereto. Except <br />to the extent (if any) resulting from application of the “provided” clause in Section <br />3(d), Developer shall have no responsibility for any work related to the <br />transportation, storage, use and disposal of Hazardous Substances existing within <br />the Demolition License Area prior to commencement of the Demolition Work. If <br />the Commencement Date is not on or earlier than January 1, 2023, Developer shall <br />have the right, but not the obligation, to provide City and County written notice of <br />its intent to terminate its obligations under this Demolition Agreement ten (10) days <br />after delivery of that notice. Upon the expiration of such ten (10) day period, <br />Developer’s obligations under this Demolition Agreement shall automatically <br />terminate and City and County shall reimburse Developer for its actual costs <br />incurred in accordance with Section 4(d) below (deducting Developer’s maximum <br />$100,000 contribution obligation). <br />(b) Procurement Requirements. <br />i. Developer will procure all DemolitionWork, excluding project management and <br />accounting services, under a single fixed (or guaranteed maximum) price <br />contract using a selected as the “best value” bid for such work as reasonably <br />determined by Developer in consultation with Owner. In making its best value <br />determination, Developer may consider, in addition to price, other reasonable <br />evaluation criteria, including timeliness of performance, on-budget <br />performance, ability to minimize change orders, technical capacity, <br />qualifications, and ability to assess and minimize risks. Prior to entering into a <br />construction contract for the DemolitionWork, Developer shall deliver to Owner