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Marcos Guide to Substantial Completion, Stocking/Staffing/Furniture, TCO and CO, <br />copy of which is attached hereto as Exhibit D and made a part hereof by this reference. <br />2.1.8. Developer Covenant. Developer covenants and agrees to use commercial <br />reasonable efforts to diligently work on and complete the Improvements expeditiously, <br />subject to weather delays. <br />2.2 Cost Participation <br />2.2.1 Cost Participation Amount. The City shall pay for the New Water Line in <br />a total amount not to exceed of $200,000.00 as itemized in Exhibit A. The Developer will <br />pay for all other costs for the Improvements. <br />2.2.2 Limits of Participation. The City's cost participation of $200,000.00 does <br />not exceed 30 percent of the cost of the Improvements. <br />2.2.3 Application for Payment. The Developer shall submit a written application <br />for City participation payment after the City's acceptance of the Improvements. The <br />application for payment to the City shall be for the lesser of the amount of the actual costs <br />associated with the City's portion of the Improvements or the City's participation amount <br />as stated in paragraph 2.2.1. The application for payment shall be in a form acceptable to <br />City and must include a breakdown of actual costs of the Improvements with supporting <br />documentation, including all payment receipts and any other documentation reasonably <br />requested by the City to support the City's expenditure of public funds. <br />2.2.4 City Payment. Subject to all applicable ordinances, standards and <br />processes, the City will pay its participation funds in one payment within 30 days after <br />receipt of a complete (as determined by the City) written application for participation <br />payment from Developer. <br />2.2.5 Payments to Subcontractors and Suppliers. The Developer shall be solely <br />and exclusively responsible for compensating any of its contractors, employees, <br />subcontractors, materialmen and/or suppliers of any type or nature whatsoever and insuring <br />that no claims or liens of any type will be filed against any property owned by the City <br />arising out of or incidental to the performance of any service performed pursuant to this <br />Agreement. In the event a statutory lien notice is sent to the City, the Developer shall, <br />where no payment bond covers the work, upon written notice from the City, immediately <br />obtain a bond at its expense or, otherwise, pay all sums due under the lien notice, and hold <br />City harmless from any losses that may result from the filing or enforcement of any said <br />lien notice. <br />2.3 GOVERNMENTAL IMMUNITY, INDEMNITY AND RELEASE <br />2.3.1 No Waiver of Immunity. The City's execution of and performance <br />under this Agreement will not act as a waiver of any immunity of the City to suit or <br />liability under applicable law. The parties acknowledge that the City, in executing <br />123138865.3 <br />