RDA Reso 2000-006 - Laserfiche WebLink

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4.11 Construction Bonds. Prior to the commencement of construction of the Developer Improvements, the Developer shall deliver to the Agency copies of any labor and material bonds, and performance bonds which may be required by Developer's lenders, or by City for construction of off -site improvements which bonds shall be issued by a reputable insurance company licensed to do business in California. Such bonds shall name the Agency as co -obligee. 4.12 Improvement and Maintenance of the Adjacent City Property. As a material inducement for the Agency to enter into this Agreement and but for which the Agency would not have entered into this Agreement, the Developer assumes the responsibility for the improvement, operation and maintenance of the Adjacent City Property. The ongoing character of the Developer's obligations with respect thereto is more particularly described below, and is further set forth in the Agency Deed: (a) Installation of Improvements; Maintenance. Developer shall install on the Adjacent City Property the Adjacent City Property Improvements. Commencing as of its entry onto the Adjacent City Property and continuing until July 5, 2028 (the termination date of the Redevelopment Plan), the Developer shall be responsible for maintenance of the Adjacent City Property, including without limitation, landscaping, sidewalks, watering, weeding, fertilizing, and other maintenance tasks as necessary to cause the Adjacent City Property to be maintained as a high - quality amenity that is comparable to the adjacent office buildings and plaza on the Property as required to be developed under this Agreement. Developer shall maintain the Adjacent City Property and adjacent sidewalks, public and private, at all times in a neat, clean, safe, litter -free, odor -free, sanitary condition; maintenance includes, but is not limited to, steam cleaning of sidewalk and paved surfaces as necessary to remove grime and grease, and removal of foodstuff from public seating in and adjacent to Adjacent City Property. Developer shall, on a daily basis, clean Adjacent City Property and remove all trash and garbage from said area. Developer shall comply with all requirements of the City, the Agency, and Alameda County applicable to the use and maintenance of the Adjacent City Property. (b) Fees. Developer shall maintain the Adjacent City Property Improvements in consideration of the development opportunity afforded under this Agreement and in lieu of an annual fee to the City. In the event the Developer fails to comply with these requirements, the City may, at its option (but without obligation to so do) take any actions which it deems necessary or convenient to perform the necessary maintenance to correct the deficiency and bill the Developer for all costs. The foregoing, and the obligation of the Developer to pay promptly upon receipt of any such billing, is in addition to all rights the Agency shall have for performance and remedies under this Agreement, and any rights the City may additionally have under the entitlement process for the improvements as described in this Agreement. (c) Hold Harmless and Responsibility of Developer. Developer shall take all responsibility for the Adjacent City Property Improvements as the responsibility of the Developer, and shall bear all losses and damages directly or indirectly resulting from or in connection with the Adjacent City Property, the Adjacent City Property Improvements, or the maintenance thereof, and for any claims, suits, losses, or damages arising from the condition of the 14 DOCS00701700v6\24258.0001 2/-,44