|
according to Construction Documents acceptable to the Parties, and in compliance with all Legal
<br /> Requirements and Environmental Laws, building codes and regulations.
<br /> 3.5.3 Indemnity and Liability. The Developer and DHA assume,jointly and
<br /> severally(and the Developer and DHA hereby assume), the risk of all damage, loss, cost and
<br /> expense and agree to indemnify, defend and hold the City, its officers, Commissioners, elected
<br /> officials, appointed officials, employees, subcontractors, agents, representatives, volunteers
<br /> and/or servants harmless from and against any and all liability, cost or expense (including
<br /> reasonable attorney fees)which accrue to or are sustained by the City and those person or entities
<br /> associated with the City as mentioned above on account of any claim, suit or action made or
<br /> brought against the City or any of those associated with the City mentioned above for the death
<br /> of or injury to persons or destruction of property involving the Developer or the DHA, either's
<br /> officers, partners, members, representatives, employees, subcontractors, agents and/or servants or
<br /> any other person or entity performing work at the request or with the consent or knowledge of
<br /> the Developer or DHA, which are sustained in connection with the granting of the license by the
<br /> City to the Developer and DHA. This subsection shall survive the termination of this
<br /> Agreement.
<br /> 3.5.4 Insurance. Prior to the exercise by the Developer and DHA of any right of
<br /> entry license, the Developer and/or DHA, as appropriate, shall deliver to the City an original of a
<br /> policy of liability insurance, in an amount reasonably acceptable to the City, with an insurer
<br /> having a net worth reasonably acceptable to the City, and under which the City is named as an
<br /> � additional insured.
<br /> 3.6 City Support of Developer's Applications. Provided Developer is not in default
<br /> under this Agreement, the City will cooperate with Developer's efforts hereunder and will, in
<br /> coordination with Developer,provide letters of support for Developer's applications to IHDA,and
<br /> any and all other applications for approvals, grants, permits, releases to any other governmental
<br /> agency, bureau, and department for the Phase I Site. The City agrees to undertake all inspections,
<br /> reviews, approval and permitting proceedings required of it within a time frame that meets the
<br /> Revitalization Schedule.
<br /> 3.7 City Revitalization Support. In addition to the support described elsewhere in this
<br /> Agreement, the City may provide assistance for the Revitalization with HUD, lenders, and other
<br /> applicable parties and may agree to reasonable requirements proposed by the Developer as imposed
<br /> on the Revitalization by any lenders and Equity Partners. The City may provide assistance requested
<br /> by Developer in obtaining licenses,approvals,clearances,or other cooperation from state and federal
<br /> agencies.
<br /> 3.8 City Execution of Documents. The City shall maintain sole responsibility for the
<br /> execution of documents required of it under applicable law or regulation. Whenever Legal
<br /> Requirements or the successful implementation of this Agreement, as determined by all Parties,
<br /> requires the City to take actions or execute documents to accomplish the Revitalization,the City will
<br /> do so in a timely manner and in accordance with applicable program requirements(i.e., CDBG and
<br /> HOME), but not to exceed twenty(20)business days.
<br /> Decatur Housing Authority Near North Impact Area Development Agreement
<br /> Page 17
<br />
|