Reso PC22-09 0083 PC Reso Recommending General Plan Amendment Approval Harbor View Project

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Exhibit F-14 ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR agrees to implement and maintain throughout the Term the following security measures in the Project: (1) to the extent feasible employ crime prevention measures in the operation of the Project including but not limited to maintaining adequate lighting in parking areas and pathways; and (2) provide added security including dead-bolt locks for every entry door, and where entry doors are damaged, replace them with solid-core doors. B. The Cit y shall have the right to enter on the Project if it becomes aware of or is notified of any conditions that pose a danger to the peace, health, welfare or safety of the Residents and/or the surrounding community, and to perform or cause to be performed such acts as are necessary to correct the condition. ARTICLE 6. MISCELLANEOUS Section 6.1 Term. The provisions of this Agreement shall apply to the Project for the entire Term; provided, however, that the provisions of Section and 4.3 of the Agreement shall run with the Project and shall remain in effect in perpetuity. This Agreement shall bind any successor, heir or assign of the Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the City. Section 6.2 Indemnification. A. To the full extent permitted by law, Owner shall indemnify, defend at its own expense, and hold the City and its elected and appointed officials, officers, employees and agents in their official capacity (collectively “Indemnitees”) harmless against any and all claims, suits, actions, losses, and liability of every kind, nature and description made against it and expenses (including reasonable attorneys' fees) which arise out of or in connection with this Agreement, including but not limited to Owner’s marketing and operation of the Development, except to the extent such claim arises from the grossly negligent or willful misconduct of the City or Indemnitees. Each Party shall notify the other Party immediately in writing of any claim or damage related to activities performed under this Agreement. The Parties shall cooperate with each other in the investigation and disposition of any claim arising out of the activities under this Agreement, provided that nothing shall require either Party to disclose any documents, records or communications that are protected under the attorney-client privilege or attorney work product privilege. B. The provisions of this Section shall survive the expiration of the Term and any release of part or all of the Property from the burdens of this Agreement, but only as to claims arising from events occurring during the Term of this Agreement. Section 6.3 Notice of Expiration of Term. Owner must comply with all notice requirements of Government Code Section 65863.10, Section 65863.11 and 65863.13, or