|
amendment, subsequent or supplemental document) required by any Goveinment Agency to
<br /> issue any discretionary Approval required for the Project.
<br /> 1.1.9 "Certificate of Completion" means the written certifzcation of the City
<br /> that the Project is complete and in compliance with the terms and conditions of this Agreement,
<br /> in substantially the form of Exhibit G to this Agreement.
<br /> 1.1.10 "City Deed" means the deed in substantially the form of Exhibit E to
<br /> this Agreement,conveying all of the City's interest in the City Property to the Developer.
<br /> 1.1.11 "City Event of Default" shall have the meaning set forth in Section
<br /> 7.3.1 of this Agreement.
<br /> ; 1.1.12 "City Manager" means the City Manager of the City or his or her
<br /> , designee or successor in function.
<br /> 1.113 "City Parties" means, collectively, the City, its governing body,
<br /> elected officials, employees, agents and attorneys. -
<br /> 1.1.14 "Cit,y PartX" means, individually, the City, its governing body, elected
<br /> officials, employees, agents or attorneys.
<br /> 1.1.15 "City's Project Manager" means the City staff person assigned by the
<br /> City to oversee and rnanage the Project.
<br /> 1.1.16 "City's Title Notice Response" means the written response of the City
<br /> to the Developer's Title Notice, in which the City elects to either: (i) cause the removal from the
<br /> Preliminary Report of any matter disapproved in the Developer's Title Notice, (ii)otherwise
<br /> satisfy the Developer regarding any matter disapproved or conditionally approved in the
<br /> Developer's Title Notice,or(iii)not to take any action described in either(i)or(ii).
<br /> 1.1.17 "Claims" means any and all claims, losses, costs, damages, expenses,
<br /> liabilities, liens, actions, causes of action (whether in tort, contract or under statute, at law, in
<br /> equity or otherwise), charges, awards, assessments, fines or penalties of any kind (including
<br /> consultant and expert fees and expenses, Legal Costs of counsel retained by the City Parties,
<br /> expert fees, costs of staff time and investigation costs of whatever kind or nature), and
<br /> judgments, including, but not limited to, claims for: (i) injury to any Person (including death at
<br /> any time resulting from that injury); (ii) loss of, injury or damage to, or destruction of property
<br /> (including all loss of use resulting from that loss, injury, damage, or destruction) regardless of
<br /> where located, including the property of the City Parties; (iii) any workers' compensation claim
<br /> or determination; (iv) any Prevailing Wage Action; or (v) any Environmental Claim. Claims
<br /> shall not include any payment due or disbursement made to Developer pursuant to the
<br /> Environmental Holdback Agreement,the form of which is attached hereto as Exhibit K.
<br /> 1.1.18 "Close of Escrow" means the recording of the City Deed in the official
<br /> records of the County and completion of each of the actions set forth in Section 3.7 by the
<br /> Escrow Agent for the conveyance of the City Property from the City to the Developer.
<br /> 3
<br /> 2013.118/BLOCK 2 HUNTER STORM
<br /> FiEV:07-2Ei3 PT
<br />
|