R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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whom Developer contracts,to bring onto the Phase I Site any Hazardous Materials. For purposes of this Section 5.8,provided that they are used in strict conformance with all Legal Requirements and Environmental Laws,the term Hazardous Materials shall not include: (a)construction materials in reasonable quantities for lawful use in the construction of the Revitalization; (b) reasonable quantities of gardening materials, household products, office supply products or janitorial supply products of the type customarily used in the construction, maintenance, or operation of properties such as the Revitalization, so long as such material is used,held,stored,and disposed of in a lawful manner. Developer shall be liable for the consequences of and is responsible for removal of any Hazardous Materials on the Phase I Site in violation of this provision. In the event that Developer violates the foregoing provisions of this Section 5.8.1 in regard to the City Parcels, the Developer shall immediately notify the City and indemnify, defend and hold the City, its officers, Commissioners, elected officials, appointed officials, members of the City Counsel, employees, agents,representatives,volunteers and servants harmless from and against any and all liability which accrues to or are sustained by the City and/or any or all of the foregoing on account of any claim,suit or action made or brought against the City and the foregoing for the death of or the injury to persons or destruction of property or devaluation of any value to the City Parcels or any other liability involving any breach of the foregoing provisions of this Section 5.8.1 by the Developer. The indemnification provision of this Section 5.8.1 shall survive the termination of this Agreement. 5.8.2 Environmental Liability. Developer represents to DHA and the City that it will comply, and shall cause its General Contractor(s), Contractors and subcontractors and Owner Entities to comply, with all Environmental Laws with respect to their operations of Phase I Site Components. 5.8.3 Procedure if Hazardous Materials are Discovered. Developer has completed a Phase I environmental assessment. In the event that the Phase I environmental assessment results in a recommendation for the performance of a Phase II environmental assessment, DHA or the City, as appropriate, shall be solely responsible for all costs of such Phase II environmental assessment. In the event that Developer or any subcontractor encounters any Hazardous Materials on the Phase I Site, Developer shall immediately notify DHA, first by telephone and thereafter, in accordance with Section 13.1. Developer, its General Contractor(s), Contractors, and all subcontractors shall comply with all Legal Requirements with respect thereto. All Milestone Deadlines shall be extended as appropriate to account for any delays caused by necessary removal or remediation due to environmental conditions encountered by the Developer and/or the DHA after Closing on the Component. 5.8.4 Pre-Existing Environmental Responsibility. Except as provided elsewhere in this Agreement, and subject to Article 3 specifically, nothing contained in any agreement shall limit: (a) any liability DHA and/or the City may have under any Legal Requirement, or (b) Developer's right or ability to seek contribution or other applicable relief from DHA and/or the City to which Developer is entitled under any Legal Requirement with respect to any liability or claims relating to: (i) Pre-Existing Environmental Conditions, or (ii) any Hazardous Materials on, in or under all or any portion of any parcels of land owned by the DHA andlor the City (other than the City Parcels)that spill or leach onto the Phase I Site. Developer may not seek from DHA and/or the City contribution or other applicable relief with respect to any liability or claims relating to situations Decatur Housing Authority Near North Impact Area Development Agreement Page 26