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02-12-07 Item 7B, Preliminary Development AGreement for Funding and Guaranty for TCAAP
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02-12-07 Item 7B, Preliminary Development AGreement for Funding and Guaranty for TCAAP
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6/25/2007 3:29:27 PM
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02-12-07 Item 7B, TCAAP Funding
General - Type
Agenda Item
Category
TCAAP Funding & Guaranty
Date
2/12/2007
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<br />Section 4. <br />following: <br /> <br />City Undertakings. During the term of this Agreement, the City shall do the <br /> <br />(a) Make available City staff and consultants for consultation with respect to the <br />matters set forth in Sections 3, 4, 5 and 7. <br /> <br />(b) Cooperate and participate with the Developer in: negotiations with GSA regarding <br />any necessary amendments to the OTP; obtaining access to the Development <br />Property; obtaining from GSA and U.S. Army all environmental reports and <br />information regarding the Development Property; identifying the nature, extent and <br />cost of remediation; determining the mechanism for applying remediation costs as a <br />credit against the purchase price and the amount of such credit; determining the <br />tenns and conditions of the Memorandum of Agreement; obtaining changes to the <br />FOST and FOSET; obtaining acceptable terms for the Covenant Deferral Request <br />process for early transfer and the timing thereof; all other matters under the OTP; the <br />terms and conditions relating to the conveyance and remediation of the Wildlife <br />Area; and the Athletic Field Area and the matters set forth in this Section 4, Section <br />5 and Section 7, <br /> <br />(c) <br /> <br />Grant to the Developer, at its cost, all rights of access to the Development <br />Property to conduct all investigations and tests relating to the environmental, <br />geotechnical and other physical conditions of the Development Property, all to the <br />extent such rights are available to the City under the OTP, subject to these <br />conditions: <br /> <br />\ <br />J <br /> <br />(i) Developer shall maintain on file with the City a list of entities that <br />will enter the Development Property and the name of Developer's <br />contact person regarding access by any entity. <br /> <br />(ii) Developer and City shall jointly negotiate with GSA regarding all <br />procedures and rules regarding access to the Development <br />Property, <br /> <br />(iii) Developer shall indemnify and hold harmless the City for any <br />claims arising from Developer's entry on the Development <br />Property, and shall at all times maintain with the City a certificate <br />of insurance evidencing that Developer has insurance regarding <br />such risks. City shall tender to Developer any claims subject to <br />indemnification under this clause immediately after its knowledge <br />of any such claims, and shall permit Developer to defend and/or <br />resolve any such claims. <br /> <br />(iv) Developer shall keep the Development Property free of all liens <br />and shall repair any damage that is caused to the Development <br />Property caused in any way by Developer's entry on such property. <br />Developer shall have the right to contest any liens, provided that <br /> <br />5 <br /> <br />
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