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<br />regulation or governmental authority, neither Redeveloper nor Redeveloper's
<br />representatives shall report the results of the inspection or any Intrusive
<br />Investigation to any governmental or quasi-governmental authority without first
<br />obtaining City's written consent, which consent may be withheld in City's sole
<br />discretion. Upon City's request, Redeveloper shall provide City with copies of
<br />any and all final, third party reports prepared on behalf of Redeveloper as part of
<br />the inspection without any representation or warranty regarding the accuracy
<br />thereof.
<br />
<br />During the City’s ownership of the Redevelopment Parcel, Redeveloper and
<br />Redeveloper's Representative, who enter the site, shall: (a) maintain
<br />comprehensive general liability (occurrence) insurance in an amount of not less
<br />than $2,000,000 covering any accident arising in connection with the presence
<br />of Redeveloper and Redeveloper's representatives at the Redevelopment
<br />Property and the performance of any investigations, examinations or studies
<br />thereon, and shall deliver a certificate of insurance (in form and substance
<br />reasonably satisfactory to City), naming City as an additional insured
<br />thereunder, verifying the existence of such coverage to City prior to entry upon
<br />the Redevelopment Property; and (b) promptly pay when due any third party
<br />costs associated with its inspection.
<br />
<br />Redeveloper shall, at Redeveloper's sole cost, restore the Redevelopment
<br />Property to the same condition as before Redeveloper's entry for inspection or
<br />any Intrusive Investigation; provided that Redeveloper shall not be responsible
<br />for any existing conditions or environmental remediation or response actions
<br />required as a result of existing conditions or such entry, inspection or Intrusive
<br />Investigation.
<br />
<br />Redeveloper shall indemnify, protect, defend and hold City, its elected and
<br />appointed officials, employees, officers, directors and agents (collectively the
<br />"City Indemnified Parties") harmless from and against any and all losses,
<br />damages, claims, causes of action, judgments, damages, costs and expenses
<br />(including reasonable attorneys' fees and court costs) (collectively "Losses") that
<br />City or any City Indemnified Parties suffer or incur as a result of, or connected
<br />or related in any manner to the Redevelopment Agreement or Redeveloper's
<br />inspection, any Intrusive Investigation; provided, however, that Redeveloper's
<br />indemnification obligations shall not extend to any existing conditions or
<br />environmental remediation or response actions required as a result of such entry,
<br />inspection or Intrusive Investigation.
<br />
<br />The City will allow the Redeveloper access to the Redevelopment Property prior
<br />to the execution of the Redevelopment Agreement to allow the Redeveloper to
<br />conduct testing. Upon execution of this Term Sheet the parties agree to execute
<br />the right of entry attached hereto as Exhibit B.
<br />
<br />The City agrees to use its best efforts to facilitate the reasoning and permitting
<br />process, and site and building inspections, so the Redeveloper can meet the
<br />Owners expectations for a second quarter, 2018 delivery schedule.
<br />
<br />Zoning and Land Use Approvals. Redeveloper will adhere to City's normal and
<br />customary site and building plan review requirements including the payment of
<br />normal and customary fees including but not limited to grading, utility, building,
<br />electrical, mechanical, plumbing, sprinkler, SAC, WAC and park dedication
<br />fees. Redeveloper shall obtain and pay for any necessary variances, rezoning,
<br />subdivision, platting, plat amendment and any other documentation for the
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