DELHI CENTER - DELHI PARK CONSTRUCTION AND FUNDING AGMT-2000

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Section 213. Reserved Section 214. Soils Conditions and Hazardous Substances Delhi and the City agree to accept the soil or other physical conditions of the property in its present condition and in all respects, the entire property subject to the Lease and this agreement in a condition entirely suitable for the construction, operation and maintenance of the Community Center. Delhi and the City agree to accept this condition based upon the October 25, 1999 closure letter, with attachments, from the California Regional Water Quality Control Board, attached hereto and incorporated herein as Attachment "D." ARTICLE III - DEVELOPMENT OF THE PROPERTY Section 301. Scope of Development Delhi agrees that the Property shall be developed in accordance with and within the limitations specified in the Guaranteed Maximum Price, attached hereto and incorporated herein, as Attachment "E", and plans approved by the City pursuant to Sections 304 through 307 hereinbelow. Section 302. RESERVED Section 303. Responsibilities of the City With regard to the development of the Property, the City shall be responsible for the construction of the Community Center in accordance with all work specified in Attachment "E." The City shall be responsible for all permit fees associated with the construction of the Community Center and pay up to $100,000 for the fixtures and equipment installed in the kitchen. The City will name Delhi and the State of California as additional insureds in the Constriction and Builders Risk Insurance. Section 304. Program Manager The City shall hire and supervise a Program Manager to perform all pre - construction services. In addition, the Program Manager shall construct the Community Center for the Guaranteed Maximum Price, in accordance with the Project Schedule, as specified in Attachment "E ". The Program Manager will assume overall liabilities and responsibilities of a licensed general contractor and shall have authority for final approval of all plans, specifications and construction related documents.