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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 6. AGENCY NOTICE TO PROCEED FOR DESIGN AND CONSTRUCTION OF <br /> PUBLICLY OWNED rMPROVEMENTS <br /> <br /> Upon the issuance of a certificate of occupancy pursuant to the California Building Code <br /> foi'r (i) all residential units in a minimum of two of the three high-rise towers in the Nexus Project, <br /> and (ii) all residential units in the Geneva Commons Project, the Agency shall give the City a <br /> notice to proceed to design and construct the Publicly-Owned Improvements as set forth in ExMbit' <br /> A. If only a portion of the residential. units have been constructed within five (5) years of the date <br /> of the Commencement Date, then the Agency shall only give the City a notice to proceed with a <br /> partial list of items as set forth in Exhibit C to this Agreement. The Agency's obligation to pay for <br /> the Publicly-Owned Improvements, and the City's obligation to complete these Publicly-Owned <br /> Improvements, or any part thereof, shall be limited by the Agency's ability to fluid said work flom <br /> the project-specific tax increment gencrated'by tine Nexus Project; provided, however, that City and <br /> Agency shall construct item no. La. on the list of Publicly-Owned Improvements in Exhibit A to <br /> this Agreement regardless of tho project-speciflo tax increment received by the Agency. <br /> 7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF PUBLICLY <br /> OWNED IMPROVEMENTS <br /> a. City shall construct the Publicly-Owned Improvements hn conformance with the <br /> schedule set forth in Exhibit C to this Agreement and the approved Final flans; provided, however, <br /> that the Agency and City shall have no obligation once the cost of the Publicly Owned <br /> Improvements exceeds Five Million Dollars ($5,000,000.00). If the cost of the publicly-Owned <br /> Improvements, including all design, administrative and construction costs exceed $5,000,000.00, <br /> then the City shall construct only that portion of the Publicly Owned Improvements as specified in <br /> Exhibit C in the exercise of tine Agency's sole and absolute discretion, <br /> b. City shall, at the conclusion of the plant establishment phase specified in Exhibit I3, <br /> additionally maintain the climbing vines and irrigation constructed by Nexus along the outside of <br /> the block wall, referenced in item no. I on Exhibit A hereto, but the City's obligation to maintain <br /> the climbing vines shall only apply to those property owners who execute a fagade easement with <br /> the City in a form approved by the City Attorney permitting the City to maintain said climbing <br /> vines and indemnifying tine City from any liabilitycaused by said climbing vines and/or irrigation. <br /> Sandpointe shall be responsible for obtaining signatures from these individual homeowners. <br /> 8. LIA131LITY AND MDEMNIFICATION DURING CONSTRUCTION; BODILY <br /> INJURY AND PROPERTY DAMAGE INSURANCE <br /> A. From and after the Effective Date, Nexus and Geneva Commons agree to and shall <br /> indemnify and hold Agency, City and Sandpointe, and their respective officers, directors, agents <br /> and employees hanmfess from and against all damages to property or injuries to or death of any <br /> person or,persom, including employees or agents of Agency or City, and shall defend, indemnify <br /> <br /> <br /> EXHIBIT D <br /> 6 Ordinance No. NS-2680 <br /> Page 35 of fit <br /> <br /> <br /> <br /> 11 A-39 <br />