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PART FOUR—PROCESS
<br /> 4.1 PERMIT STAGING:
<br /> The County will construct the CRI in accordance with the schedule set forth in Attachment E
<br /> (hereinafter referred to as "Schedule"). As is evidenced by the Schedule, the County will be
<br /> requesting permit approvals for some CRI elements (e.g. the Parking Garage and Jail) before
<br /> other permits; and before the designs are completed on others (e.g., Plaza and Administration
<br /> Building). The City will allow permits to be issued in a timely manner in accordance with the
<br /> Schedule subject to City policies, regulations and standards, and adequate assurance that all
<br /> buildings will be ready for occupancy no later than December, 2004. However, the City will not
<br /> issue an occupancy permit for the Jail until such time as the Administration Building is at a
<br /> minimum substantially completed. In the event the County fails to comply with the Schedule,
<br /> then the City is authorized to withhold permits or, in the event work has commenced, issue stop
<br /> work orders in order to maintain or obtain compliance with the Schedule. The County is
<br /> authorized to make revisions to the Schedule subject to the following: any request for a revision
<br /> must be in writing and addressed to the City's Planning Director; the request must allow the
<br /> County to substantially comply with the Schedule as set forth herein; the request must still permit
<br /> that the Administration Building be, at a minimum, substantially complete prior to the issuance of
<br /> any occupancy permit for the Jail; and the request must require the occupancy of the
<br /> Administration Building no later than December, 2004.
<br /> The County hereby waives any right it may have to assert a claim against the City for the City's
<br /> withholding of permits and/or issuance of stop work orders pursuant to Section 4.1. Further,
<br /> except as otherwise provided in this paragraph, the County hereby agrees to defend and
<br /> indemnify the City from any and all Claims arising out of, in connection with, or incident to the
<br /> City's withholding of permits or issuance of stop work orders pursuant to Section 4.1. The
<br /> County is obligated to defend and indemnify the City pursuant to this paragraph whether a Claim
<br /> is asserted directly against the City, or whether it is asserted indirectly against the City, e.g., a
<br /> Claim is asserted against someone else who then seeks contribution or indemnity from the City.
<br /> The County's duty to defend and indemnify pursuant to this paragraph is not in any way limited
<br /> to, or by the extent of, insurance obtained by, obtainable by, or required of the County. The
<br /> County shall not indemnify the City for Claims caused solely by the negligence of the City. If(1)
<br /> RCW 4.24.115 applies to a particular Claim, and (2) the bodily injury or damage to property for
<br /> which the County is to indemnify the City is caused or results from the concurrent negligence of
<br /> (a) the County, its employees, agents, representatives, contractors, and subcontractors/sub-
<br /> consultants and (b) the City, then the County's duty to indemnify shall be valid and enforceable
<br /> only to the extent allowed by RCW 4.24.115. Solely and expressly for the purpose of its duties to
<br /> indemnify and defend the City, the County specifically waives any immunity it may have under
<br /> the State Industrial Insurance Law, Title 51 RCW. The County recognizes that this waiver of
<br /> immunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115 and was the subject of mutual negotiation. As used in this paragraph: (1) "City" includes
<br /> the City's officers, elected officials, employees, agents, and representatives and (2) "Claims"
<br /> include, but is not limited, to, any and all losses, claims, demands, expenses (including, but not
<br /> limited to, attorney's fees and litigation expenses), suits, judgments, or damage, irrespective of
<br /> whether the damage alleged is bodily injury, damage to property, economic loss, general
<br /> damages, special damages, or punitive damages.
<br /> Development Agreement Page 10 Snohomish County
<br /> Campus Redevelopment Initiative
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