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5.3.2.3 Indemnity if No Further Action Letter Not Issued. In the event
<br /> that the Contaminated Soil is removed from the Site to the extent necessary to complete the
<br /> Project but Ecology declines to issue a "No Further Action" letter for the Site or conditions the
<br /> issuance of a"No Further Action" letter in a manner that, in the reasonable judgment of the City,
<br /> creates unreasonable costs for the City, then the City may elect to no longer pursue the "No
<br /> Further Action" letter. If the City elects not to pursue the "No Further Action" letter, the City
<br /> shall deliver notice thereof to Developer. Upon receipt of such notice, Developer may require
<br /> the City to execute and record against the Property an indemnity agreement that obligates the
<br /> City to indemnify and defend Developer and its successors-in-interest to the Property from and
<br /> against any and all Claims and Losses arising from or relating to the Contaminated Soil at the
<br /> Site, including without limitation all such Claims and Losses arising from or relating to any
<br /> Environmental Law. For the purposes of this indemnity, "Claims and Losses" includes all
<br /> actions, governmental or regulatory proceedings, liabilities, losses, demands, claims, suits,
<br /> judgments, liens, awards, and damages of any kind or character whatsoever, including remedial
<br /> action costs, claims for injury to or death of any person, loss of or damage to any property, and
<br /> costs, expenses and reasonable attorneys' fees. For the purposes of this indemnity,
<br /> "Environmental Law" includes any federal, state, or local law, statute, ordinance, code, rule,
<br /> regulation, authorization, decision, order, injunction or decree,the common law, and any judicial
<br /> interpretation of any of the foregoing, which pertains to health, safety of employees or third
<br /> parties, any hazardous material, or the protection of human health, the environment or any
<br /> natural resource, and shall include without limitation, the Solid Waste Disposal Act, 42 U.S.C.
<br /> Section 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability
<br /> Act of 1980, 42 U.S.C. Section 9601 et seq., as amended by Superfund Amendments and
<br /> Reauthorization Act of 1986; the Hazardous Materials Transportation Act, 49 U.S.C. Section
<br /> 1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.; the Clean
<br /> Air Act, 42 U.S.C. Section 7401 et seq.; Resource Conservation and Recovery Act, 42 U.S.C.
<br /> §6901 et seq.; the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; the Safe Water
<br /> Drinking Water Act, 42 U.S.C. Section 300f; Washington Hazardous Waste Management Act,
<br /> chapter 70.105 RCW; the Washington State Model Toxics Control Act, chapter 70.105D RCW
<br /> as any of the foregoing now exist or may be changed or amended or come into effect in the
<br /> future.
<br /> 5.3.3 Relocation of Utilities. Developer may temporarily relocate any existing
<br /> utilities installed along Colby Avenue to allow for construction of the parking garage in the
<br /> Colby Avenue right-of-way. Developer may reinstall such utilities within the"lid"area of Colby
<br /> Avenue right-of-way above the parking garage, on condition that such reinstallation, in the
<br /> reasonable judgment of the City, does not affect the structural integrity of the Colby Avenue
<br /> right-of-way.
<br /> 5.3.4 Closure of Alley, Sidewalks, and Colby Avenue. Subject to approval of
<br /> the City traffic engineer in accordance with the Legal Requirements, Developer may
<br /> intermittently close the portion of the alley that abuts the east side of the Property during the
<br /> construction of the Project, but such closure shall not materially impede police access to the
<br /> police station east of the Property without providing other temporary access that is reasonably
<br /> necessary to not impede police access to the police station. Subject to approval of the City traffic
<br /> engineer in accordance with the Legal Requirements, Developer may intermittently close on-
<br /> street parking and sidewalks on the east side of Colby Avenue abutting the Property during the
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