Agmt00 Habitat for Humanity purchase of Rolison and Haven

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3. CONSTRUCTIO -N PERIOD HABITAT shall complete construction of thirty -six units no later than three years from the date the last party signs this Agreement (the "Effective Date "). The development of the units will be phased so as to construct no fewer than 12 units per year (commencing on the. Effective Date) over the three -year period. Completion of the construction shall be evidenced by the issuance of a certificate of occupancy by the CITY to agrees HABITAT. City a to proceed g diligently with the work of improvement (off-siteimprovements) which City has agreed to construct and complete same in a timely fashion. 4. RELATIONSHIP OF PARTIES It is expressly understood that this is an agreement between three (3) independent entities and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent of CITY, AGENCY, and HABITAT is to create an independent relationship. HOLD HARMLESS HABITAT shall indemnify and save harmless the AGENCY, its Board, the CITY, its Council, and their respective officers, boards, commissions, agents and employees (collectively, "Indernniti'es ") from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person, including HABITAT, or damage to property of any kind whatsoever and to whomsoever belonging, including but not limited to, the concurrent passive negligence of the AGENCY, its Board, the CITY, its Council, and their respective officers, boards, -commissions, agents, and employees, resulting from g the performance of any work required by this Agreement of HABITAT,, its officers, agents, employees and/or servants, provided that this shall not apply to i pp y injuries or damage for which Indemnities, or any one of them have been found in a court of competent jurisdiction to be solely y liable b reason of its own negligence or willful misconduct. The duty of the HABITAT to indemnify and save harmless, as set forth herein, . shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 8. INSURANCE HABITAT shall acquire and maintain Workers Compensation, emplo er's y liability, com prehensive general liability, owned and non -owned and hired automobile liability insurance coverage (if applicable as indicated below ) relatin to HABITAT 's activities funded hereunder covering AGENCY's and CITY's risks in form subject to the approval of the CITY and AGENCY Attorney. The Acquisition - h1 3 FXS:fs 04/14/00