02-13-2019 Council Packet - Laserfiche WebLink

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4 ARTICLE III Construction Of Improvements Section 3.1. Construction of Site Plan Improvements. That AFSA will construct Improvements to the site in accordance with the approved Site Plans and at all times during the term of this Agreement will operate and maintain, preserve and keep the Improvements or cause the Improvements to be operated, maintained, preserved and kept in good repair and condition. Section 3.2. Site Plans. (a) AFSA shall cause to be constructed at its own cost all improvements appearing on the Site Plan to be submitted to the City. It is hereby understood by AFSA that no construction will commence until the City has approved the Site Plan. A copy of said Site Plan shall be attached hereto and incorporated as Exhibit B. (b) AFSA shall have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from Site Plan approval. AFSA agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of AFSA, or their agents or contractors. Until all of AFSA’s obligations under this Agreement are fulfilled, AFSA shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $1,000,000 for one person and $2,000,000 for each occurrence. Limits for property damage shall not be less than $2,000,000 for each occurrence. The City shall be named as an additional named insured on said policy, and AFSA shall file a copy of the insurance coverage with the City prior to the commencement of the Required Improvements. The insurance policy obtained by AFSA is subject to City approval. The Site Plan shall specifically address the impacts of use of the Property as a charter school and the effects said use shall have on the traffic flow on Country Drive. If the City, determines, in its reasonable discretion, that AFSA’s use of the Property results in significant adverse impacts on traffic, then it may require AFSA to undertake a study of the traffic and submit plans which resolves said traffic problems. This may include but not be limited to the addition of a turn lane, or by-pass lane, which lane shall be constructed at the sole expense at AFSA. AFSA will promptly complete any required study. AFSA, in addition to the Site Plan shall present plans for the construction of a Play Area. AFSA shall submit said plans and a construction time table which will provide for completion of the Play Area by September 1, 2021, subject to Unavoidable Delays . The City reserves the right at its own discretion to approve or disapprove said Play Area plans.