Agmt22 County of San Mateo 1548 Maple, LLC Demolition (County Property)

Browse Search

Page 9 of 13 ATTY/AGR/2022.014.07/TRI-PARTY AGREEMENT REV: 01-25-2022 VR (iii) County has agreed to pay up to a total of $400,000.00 towards the Abatement Work and Demolition Work combined. The portion (or process for determining the portion) of the $400,000.00 to be allocated to payment or reimbursement of City or County contractors or subcontractors to perform AbatementWork is as provided in the Tri-Party Agreement or other separate agreements between City and County. County shall pay the portion of the $400,000.00 not used for the Abatement Work (such remaining amount, “County Demolition Deposit”) to City or its designee, as directed by City, as provided in the Tri-Party Agreement or other separate agreements between City and County. (iv) The parties agree that the foregoing County capped proportionate share of Out-of-Pocket costs is reasonable and appropriate, and that City will be responsible for all costs of the Demolition Work that exceed the sum of the Developer Responsibility and the County Demolition Deposit. (v) As used herein “Out-of-Pocket Costs” means the actual costs incurred by Developer and paid to unaffiliated third parties for performance of the Demolition Work, including without limitation, all permitting costs and third- party project management and accounting costs. (e) Fencing. During the Term, Developer or its contactors shall install and maintain temporary fencing around the perimeter of the Demolition License Area the costs of which shall be considered a component of the Out-of-Pocket Costs. 5.Insurance.During the Term of this Demolition Agreement, Developer shall maintain (or cause its contractors to maintain) all insurance required in Exhibit B. Developer shall provide Owner evidence of the foregoing insurance before accessing the Demolition License Area. Nothing in this Demolition Agreement is intended to limit Owner or County’s rights as additional insureds under any such policies, including without limitation the Contractors Pollution Liability policy(ies). 6.Continuing Liability.No expiration or termination of this Demolition Agreement shall release any party from any liability hereunder resulting from any breaches of this License happening prior to the expiration or termination of this License. 7.Assignment or Subletting; Successors and Assigns.Developer shall not transfer or assign (each a, “transfer”) any of its rights or obligations under this Demolition Agreement without Owner’s prior written consent, which may be withheld in Owner’s sole and absolute discretion unless the transfer is to a permitted or approved transferee under the Development Agreement, in which case Owner will consent to a transfer using the same standards as the City is required to follow under the Development Agreement. Subject to the foregoing, this Demolition Agreement shall be binding on and inure to the benefit of the parties and their permitted successors and assigns. 8.Force Majeure.If any party is rendered unable, wholly or in part, by a Force Majeure Event (defined below) to carry out its obligations under this Demolition Agreement, then the obligations of the impacted party(ies), so far as they are impacted by such Force Majeure Event, shall be suspended during the continuance of any inability so caused and the term and deadlines for performance set forth in this Demolition Agreement shall be extended by that same period of time, and such cause shall so far as possible be remedied