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<br />6. AGENCY NOTICE TO PROCEED FOR DESIGN AND CONSTRUCTION OF <br />PUBLICLY OWNED IMPROVEMENTS <br /> <br />Upon the issuance of a certificate of occupancy pursuant to the California Building Code for <br />(i) all residential units in a minimum of two of the three high-rise towers in the Nexus Project, and <br />(ii) all residential units in the Geneva Commons Project, the Agency shall give the City a notice to <br />proceed to design and construct the Publicly-Owned Improvements as set forth in Exhibit A. If only <br />a portion of the residential units have been constructed within five (5) years of the date of the <br />Commencement Date, then the Agency shall only give the City a notice to proceed with a partial list <br />of items as set forth in Exhibit C to this Agreement. The Agency's obligation to pay for the <br />Publicly-Owned improvements, and the City's obligation to complete these Publicly-Owned <br />Improvements, or any part thereof, shall be limited by the Agency's ability to fund said work from <br />the project-specific tax increment generated by the Nexus Project; provided, however, that City and <br />Agency shall construct item no. l.a. on the list of Publicly-Owned Improvements in Exhibit A to this <br />Agreement regardless of the project-specific tax increment received by the Agency. <br /> <br />7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF PUBLICLY <br />OWNED IMPROVEMENTS <br /> <br />a. City shall construct the Publicly-Owned Improvements in conformance with the <br />schedule set forth in Exhibit C to this Agreement and the approved Final Plans; provided, however, <br />that the Agency and City shall have no obligation once the cost of the Publicly-Owned <br />Improvements exceeds Five Million Dollars ($5,000,000.00). If the cost of the Publicly-Owned <br />Improvements, including all design, administrative and construction costs exceed $5,000,000.00, <br />then the City shall construct only that portion of the Publicly Owned Improvements as specified in <br />Exhibit C in the exercise of the Agency's sole and absolute discretion. <br /> <br />b. City shall, at the conclusion of the plant establishment phase specified in Exhibit B, <br />additionally maintain the climbing vines and irrigation constructed by Nexus along the outside ofthe <br />block wall, referenced in item no. I on Exhibit A hereto, but the City's obligation to maintain the <br />climbing vines shall only apply to those property owners who execute a fayade easement with the <br />City in a form approved by the City Attorney permitting the City to maintain said climbing vines and <br />indemnifying the City from any liability caused by said climbing vines and/or irrigation. Sandpointe <br />shall be responsible for obtaining signatures from these individual homeowners. <br /> <br />8. LIABILITY AND INDEMNIFICATION DURING CONSTRUCTION; BODILY INJURY <br />AND PROPERTY DAMAGE INSURANCE <br /> <br />A. From and after the Effective Date, Nexus and Geneva Commons agree to and shall <br />indenmifY and hold Agency, City and Sandpointe, and their respective officers, directors, agents and <br />employees harmless from and against all damages to property or injuries to or death of any person or <br />persons, including employees or agents of Agency or City, and shall defend, indemnifY and save <br /> <br />Ii <br />