80A - JOINT PH - RESO AND DDA WITH HABITAT FOR HUMANITY

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regulations shall be included by the Developer in its Design Development Drawings and other required submittals and shall be completed during the construction of the Improvements. 302.5 Defects in Plans. The Agency and the City shall not be responsible either to the Developer or to third parties in any way for any defects in the Design Development Drawings, nor for any structural or other defects in any work done according to the approved Design Development Drawings, nor for any delays reasonably caused by the review and approval processes established by this Section 302. 303. Land Use Approvals. The execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals required by the Agency or the City. Developer acknowledges and agrees that the plans prepared for the Project shall be subject to the City's normal planning review process and further that such plans may be subject to review by the City's Planning Commission. 304. Schedule of Performance. The Developer shall provide the concept plans to the surrounding neighborhood, submit all Design Development Drawings, commence and complete all construction of the Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefore in the Schedule of Performance attached hereto and incorporated herein as Exhibit J. The Developer shall perform all of its obligations hereunder within the times established therefor in the Schedule of Performance. 305. Cost of Construction. Except to the extent otherwise expressly set forth in this Agreement, all of the cost of acquisition of the Sites and the planning, designing, developing and constructing all of the Improvements, preparation of the Sites and grading shall be borne solely by the Developer. 306. Insurance/Bond Requirements. 306. A Insurance. The Developer shall take out and maintain or shall cause its contractor to take out and maintain until the completion of construction pursuant to the terms of this Agreement, a commercial general liability policy in the amount of Two Million Dollars ($2,000,000) combined single limit policy, and a comprehensive automobile liability policy in the amount of One Million Dollars ($1,000,000), combined single limit, or such other policy limits as the Agency may approve at its discretion, including contractual liability, as shall protect the Developer, City and Agency from claims for such damages and which policy shall be issued by an "A-" rated insurance carrier. Such policy or policies be written on an occurrence form. The Developer shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that Developer and any contractor with whom it has contracted for the performance of work on the Sites or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. The Developer shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the Agency setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and the Agency and their respective officers, agents, and employees as additionally insured parties under the policy, and the certificates shall be accompanied by a duly executed enforcement evidencing such additional insured status (the Agency's preferred Additional Insured Endorsement is attached hereto as Exhibit L). The certificate and 23 EXHIBIT 4 8OA-38