CONCESSION AGREEMENT for the PRESIDIO PARKWAY PROJECT

More documents

Recommendations

Info

5.7.6 Renewal Work Letters of Credit5.7.6.1 In lieu of establishing the Renewal Work Reserve, Developer maydeliver one or more letters of credit (each, a “Renewal Work Letter of Credit”), on theterms and conditions set forth in this Section 5.7.6 and Section 16.3. If the RenewalWork Reserve has been previously established, Developer at any time thereafter maysubstitute one or more Renewal Work Letters of Credit for all or any portion of theamounts required to be on deposit in the Renewal Work Reserve, on the terms andconditions set forth in this Section 5.7.6 and Section 16.3. Upon receipt of the requiredsubstitute Renewal Work Letter of Credit, amounts in the Renewal Work Reserve shallbe released to Developer equal to the face amount of the substitute Renewal WorkLetter of Credit. The amount of the Renewal Work Letter of Credit shall be subject toadjustment in accordance with Section 5.7.2.5.7.6.2 The Department shall be named as a beneficiary under the RenewalWork Letter of Credit and shall have the right to draw on the Renewal Work Letter ofCredit if: (a) Developer has failed to pay or perform as and when due any obligationwith respect to Renewal Work under the Contract Documents for which the RenewalWork Letter of Credit is held, (b) the financial institution issuing the Renewal WorkLetter of Credit fails to meet the requirements set forth in Section 16.3.2.2 andDeveloper fails to provide a substitute letter of credit issued by a qualified financialinstitution within [30] days, or (c) Developer for any reason fails to deliver a new orreplacement Renewal Work Letter of Credit, on the same terms by not later than [14]days before such expiration date, in which event the Department shall deposit theproceeds from drawing on the expiring Renewal Work Letter of Credit into the RenewalWork Reserve.5.7.6.3 In the event the Department draws on a Renewal Work Letter ofCredit, the Department shall have the right to use and apply the proceeds of suchdrawing as provided in Section 5.5.3.5.7.6.4 The Department’s interest in the Renewal Work Letter of Credit shallterminate at the same time as its interest in the Renewal Work Reserve terminatesunder Section 5.7.4.5.8 Policing, Security and Incident Response5.8.1 Police Services5.8.1.1 Developer acknowledges that any Governmental Entity empowered toenforce all applicable Laws is free to enter the Project at any and all times to carry outits law enforcement duties. No provision of this Agreement is intended to surrender,waive or limit any police powers of any Governmental Entity, and all such police powersare hereby expressly reserved.5.8.1.2 The Department and Developer shall not have any liability orobligation to each other resulting from, arising out of or relating to the failure of a publiclaw enforcement agency to provide services, or its negligence or misconduct inproviding services.CALIFORNIA DEPARTMENT OF TRANSPORTATION - 32 - DraftPresidio Parkway ProjectCONCESSION AGREEMENTContract # [XXXXXX]Financial Management # [XXXXXXXXXX]
5.8.2 Security and Incident Response5.8.2.1 Except as expressly set forth herein, Developer is responsible for thesafety and security of the Project and the workers and public thereon during theperformance of the Work.5.8.2.2 Developer shall comply with all rules, directives and guidance of theU.S. Department of Homeland Security and comparable State agency and shallcoordinate and cooperate with the Department and all other Governmental Entitiesproviding security, first responder and other public emergency response services inaccordance with the Contract Documents.5.8.2.3 Developer shall perform and comply with the provisions of theTechnical Volumes concerning Emergencies, Incident Response, safety and security,including implementing all procedures, plans, protocols and requirements set forth in[Section __ of Division __].5.9 Handback Requirements5.9.1 Handback Condition5.9.1.1 Upon the Termination Date, Developer shall transfer the Project,including any Upgrades, to the Department, at no charge to the Department, in thecondition and meeting all of the requirements set forth in [Section __ of Division __](“Handback Requirements”).5.9.1.2 In the event of the earlier termination of this Agreement, Developershall only be required to comply with the requirements of this Section 5.9 to the extentthat any Renewal Work was scheduled to have been performed prior to the EarlyTermination Date.5.9.2 Handback InspectionsThe Department will conduct inspections of the Project at the times and according to theterms and procedures specified in the Handback Requirements.5.9.3 Renewal Work under Handback RequirementsDeveloper shall diligently perform and complete all Renewal Work required to beperformed and completed prior to reversion of the Project to the Department, based on therequired adjustments and changes to the Renewal Work Schedule resulting from theinspections and analysis under the Handback Requirements. Developer shall complete all suchwork:5.9.3.1 Prior to the Termination Date, if transfer of the Project is to occur atthe natural expiration of the Term; or5.9.3.2 As close as possible to the Early Termination Date, but only forRenewal Work scheduled to be performed as of the Early Termination Date. IfDeveloper fails to complete such work prior to the Early Termination Date, theDepartment shall deduct the cost of completing such work from the amount ofCALIFORNIA DEPARTMENT OF TRANSPORTATION - 33 - DraftPresidio Parkway ProjectCONCESSION AGREEMENTContract # [XXXXXX]Financial Management # [XXXXXXXXXX]
Page 1 and 2: CONCESSION AGREEMENTfor thePRESIDIO
Page 3 and 4: 4.5.5 Utility Permit Applications .
Page 5 and 6: 6.6 Increased Oversight, Testing an
Page 7 and 8: 15.3 Mandatory Terms of Project Deb
Page 9 and 10: Completion ........................
Page 11 and 12: LIST OF APPENDICESAppendix: Name:-1
Page 13 and 14: CONCESSION AGREEMENTPRESIDIO PARKWA
Page 15 and 16: 1.3 Principal Developer DocumentsEx
Page 17 and 18: ARTICLE 3. Department review and ov
Page 19 and 20: 3.3.4 Submittals Not Subject to Pri
Page 21 and 22: Contract Documents to review, comme
Page 23 and 24: identified in Developer’s Project
Page 25 and 26: CFR Part 645, Subpart A. Developer
Page 27 and 28: 4.6.4 Developer has provided a full
Page 29 and 30: the terms and conditions of any suc
Page 31 and 32: 4.9.3.4 Within the [20]-day period
Page 33 and 34: 4.10.2.3 The remaining amounts of t
Page 35 and 36: Documents in incorporating material
Page 37 and 38: encompass matters that are addresse
Page 39 and 40: 5.2.5 Environmental ComplianceThrou
Page 41 and 42: Requirements work).5.5.3 If at any
Page 43: such requirements may be waived or
Page 47 and 48: 5.10.2.4 Funds held in the Handback
Page 49 and 50: operations and maintenance phases o
Page 51 and 52: Notification Category:Percent Asses
Page 53 and 54: delivers its written notice of such
Page 55 and 56: equirements, and shall include thos
Page 57 and 58: without any necessity for a consent
Page 59 and 60: 7.7 Ethical Standards7.7.1 Within [
Page 61 and 62: in the Department's reasonable judg
Page 63 and 64: (a) [85]% of the MAP divided by 365
Page 65 and 66: 9.2.5 Defense to Noncompliance Poin
Page 67 and 68: cost impact (positive or negative)
Page 69 and 70: to Developer as payments for portio
Page 71 and 72: 11.6.1.2 Developer shall obtain the
Page 73 and 74: Collateral Agent’s consent.12.3 N
Page 75 and 76: 12.6.1.1 The Department’s prior a
Page 77 and 78: 12.8.2 The Department shall deliver
Page 79 and 80: 14.1.2 In the event the Department
Page 81 and 82: Termination Compensation that is me
Page 83 and 84: proceeds with the Refinancing, it s
Page 85 and 86: each Insurance Policy, and thereaft
Page 87 and 88: misrepresentation, act or omission
Page 89 and 90: liability and pollution liability p
Page 91 and 92: acts of Terrorism that are part of
Page 93 and 94: the form of a letter of credit, the
Page 95 and 96:
of any letter of credit to refrain
Page 97 and 98:
16.4.2.2 A Relief Event, subject to
Page 99 and 100:
State, and will remain in good stan
Page 101 and 102:
Fund Estimate submitted to the Cali
Page 103 and 104:
Law now or hereafter in effect; see
Page 105 and 106:
18.2.3 Remedies for Failure to Meet
Page 107 and 108:
18.2.4.3 For the purpose of carryin
Page 109 and 110:
applicable Laws and Governmental Ap
Page 111 and 112:
3. Losses arising out of Releases o
Page 113 and 114:
5. Interest, late charges, fees, tr
Page 115 and 116:
19.2 Termination for Extended Relie
Page 117 and 118:
minus9.2.2.2.1(b)(i) and 9.2.2.2.1(
Page 119 and 120:
5. All amounts standing to the cred
Page 121 and 122:
Default, including the projected co
Page 123 and 124:
19.5.2 Relinquishment and Possessio
Page 125 and 126:
As-Built Record Plans, surveys, and
Page 127 and 128:
such payment, Developer shall execu
Page 129 and 130:
under Section 11.6, all rights to t
Page 131 and 132:
21.1.2 Developer shall make all its
Page 133 and 134:
21.4 Intellectual Property21.4.1 De
Page 135 and 136:
voluntary or involuntary bankruptcy
Page 137 and 138:
applicable, shall be effective only
Page 139 and 140:
ecommendations. The failure of eith
Page 141 and 142:
that of Project developer and indep
Page 143 and 144:
Attn:Telephone:Facsimile:E-mail:In
Page 145:
incorporated by reference in this i
show all

CONCESSION AGREEMENT for the PRESIDIO PARKWAY PROJECT

Create successful ePaper yourself

Delete template?

Save as template?