COMMUNITY REDEVELOPMENT AGENCY (44)

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which The Fees are applied are available to the City for the following reasons: First American would not proceed with the Development without Agency's agreement to pay the costs of the TSIA Fees and the Fire Fees, and the City does not have adequate funds to pay for The Fees. It would be impractical to delay payment of The Fees because the City's requires that The Fees be paid prior to issuance of building permits. Therefore, the only practical and reasonable means of paying for the needed public facilities to be funded by The Fees is the use of tax increment revenues and the proceeds of tax allocation bonds available to the Agency for the redevelopment of the Project Area. C. The Agency's payment of the Fees will assist in the elimination of one or more blighting conditions in the Project Area, consistentwith the Implementation Plan for the Project Area adopted by the Agency pursuantto Health and Safety Code § 33490 in that deficient infrastructure and unproductive land uses are blighting conditions addressed by the Agency's payments, and payment for infrastructure to improve traffic flow and provision or replacement of public streets, traffic signals, and other facilities including fire facilities are called for in the South Main Project Area Goals and Objectives as set forth in the ImplementationPlan. 4. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will 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 act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above -stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies, which date shall be inserted into the preamble of this Agreement, thereof and shall be effective for a duration not to exceed the time necessary for the Agency to pay the City in full. [signatures on next page] 3 .\