Agmt11 Redevelopment Agency of the City of Redwood City-Public Improvements Reimbursement Agmt

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ATTACHMENT 3 3. CITY'S OBLIGATIONS 3.1 The City shall accept and devote any and all funds offered by the Agency pursuant to this Agreement solely to completion of the Projects by (i) reimbursing City accounts or using such funds to make City expenditures to perform the work required to carry out and complete the Projects; (ii) utilizing such funds to pay debt service on bonds or other indebtedness or obligations that the City has or will incur for such purposes; and /or (iii) paying such funds into a special fund of the City to be held and expended only for the purpose of satisfying the obligations of the City hereunder. 3.2 It is the responsibility of City to pay all development and construction costs in connection with the Projects from funds paid to the City by the Agency under this Agreement. 3.3 Prior to commencement of work on any of the listed Projects, all necessary environmental review required by the California Environmental Quality Act ( "CEQA ") shall be completed. This Agreement in no way limits the discretion of the Planning Commission, the Agency Board or the City Council in completing environmental review of the Projects. 3.4 The City shall perform its obligations hereunder in accordance with the applicable provisions of federal, state and local laws, and shall timely complete the work required for each Project within the times set forth in Exhibit 1. 4. LIABILITY AND INDEMNIFICATION 4.1 In contemplation of the provisions of California Government Code Section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code Section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve the above - stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, costs or expenses that may be incurred by such other party solely by reason of Government Code Section 895.2. 5. DEFAULT 5.1 If either party fails to perform an obligation required by this Agreement within thirty (30) calendar days of receiving written notice from the non - defaulting party, the party failing to perform shall be in default hereunder. In the event of default, the non - defaulting party will have all the rights and remedies available to it at law or in equity to enforce the provisions of this Agreement, including without limitation the right to sue for damages for breach of contract and /or to seek specific performance. The rights and remedies of the non - defaulting party enumerated in this section are 4 ATTY /AGR/2011.022/ RWC PUBLIC IMPROVEMENTS REUMBURSEMENT AGREEMENT 030711 REVISED