VDC AT THE MET, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

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6. AGENCY NOTICE TO PROCEED FOR DESIGN AND CONSTRUCTION OF PUBLICLY OWNED IMPROVEMBNT.S Upon the issuance of a cerlificatc of occupancy pursuant to the California Building Code f& 0) ail residential units in a minimum of two of the three high-rise towers in the Nexus Project, raid (R) all residential. units in the Genova Commons Project, the Agency shall give the City a notice to proceed to design and construct pia PubliolyOwrnad lmprovements as set forth In Bxhibit A, If only a portion of the residen#ial-units have been constructed witlun five (5) years of the date of the Commencement Date, then the Agency shall only give the City a notice to proceed with a partial list of items as set forth in Exhibit C to this Agreement, The Agency's obligation to pay for the Publicly-Owned Improvements, and the City's obligation to complete these Publicly-Owned Iniprovomonts, or any part thereof, shall be limited by the Agency's ability to hard said work ftom the project-speoifle tax increment goncrated'by (lie Nexus Project; provided, however, that City and Agency shall construct item no, La, on the list of Publioly-Owned Improvements in Exhibit A to this Agreement regardless of die project-speclfio tax increment recelved by the Agency, COMMEN'CPMBNT AND COWLIVION OF CONSTRUCTION OP PUBLICLY OWN13D IMPR.OVBMf3NTS a. City shall construct the Publicly-Owned hnprovemonts Ir conformance with the schedule set forth In Exhibit C to this Agreement and the approved final Plans; provided, however, that the Agency and City shall havo no obligation onco the cost of the Publicly-Owned Improvements exceeds Dive Million Dollars ($5,000,000.00). If the cost of the Pubiioly-Owned Improvements, including all design, administrative and construction costs exceed $5,000,000,00, their the City shall eonsinict only that portion of the Publicly Owned Improvements m specified in Exhibit C in tine exercise of the Agency's solo said absolute disom ion, b. City shall, at the conclusion of the plant establishment phase specified in Exhibit 13, additionally maintahr the climbing vines and irr€gntlon eonstrueled by Nexus along the outside of the block wall, referenced In item no. I on Exhibit A hereto, but the City's obligation to maintain the climbing vines shall only apply to those property owners who execute a fagade easelnent with !ho City In a form approved by the City Attorney permitting the City to maintain said climbing vines and indonuiifying the City from any liability caused by said olimbing vines and/or irrigation, Sandpohite. shall be responsible for obtaining signatures from these Individual homeowners, LIABILITY AND IND13MNIFICATION DURING CONSTRUCTION; BODILY INJURY AND PROPERTY DAMAGE INSURANCE A. From and after tho Effective Date, Nexus and Geneva Commons agree to and shall indemnify and hold Agency, City and Sandpointe, and their respective officers, direotors, agents acid employees harmless from and against all damages to praporty or injuries to or doatir of arty parson or.persons, inoluding employees or agents of Agency or City, and shall defend, indemnify EXHIBIT D h Ordinance No. NS-2880 Page 35 Of 51