118-13 Grant Agreement - Jewish Federation Plaza.pdf

estimate(s) of the work to be performed. 3. The Township agrees to make available to the Owner an Emergency Repair grant in the amount not to exceed Two Hundred Thousand Dollars ($200,000.00) subject to the terms and conditions contained in this Agreement specifically set forth herein and the Construction Agreement(s). 4. The Owner represents that the Owner has obtained or has available sufficient funding for any and all construction costs that may exceed the maximum $200,000 Emergency Repairs grant assistance under the West Orange Emergency Repairs program that may be necessary to complete the work set forth on Schedule A attached hereto, including any mutually agreed-upon change orders to this work or any other unanticipated work needed to complete any work item. The Owner understands and agrees that the Township will not assume any obligation to the Owner or the contractor for Program work that exceeds the maximum program grant of $200,000. The Owner understands and agrees that any payment to the contractor for work required and/or agreed to that rises above the $200,000 threshold will be the sole legal responsibility of the Owner to pay. If the cost of the work required is below $200,000, the Township will retain all such leftover monies for the WOERP. 5. The Owner shall make payments directly to the Owner’s contractor(s) in accordance with the payment schedule contained in Schedule A, subject to the Owner’s approval of the contractor’s work. The Township shall make payments from time to time directly to the Owner from Owner’s Emergency Repair grant proceeds only after documentation has been provided by Owner to the Township that the contractor’s/contractors’ work has been completed and approved by Owner, and payment has been made to the contractor(s). Prior to any final payment(s) from the Township, the Owner shall provide documentation to the Township that any applicable final permits and/or building or construction department inspections have been satisfactorily completed. 6. The Owner shall allow the Township and its representatives access to the Property to inspect the work during all phases of construction. 7. The Owner agrees to comply with all local ordinances, regulations and statutes of the Township of West Orange and of the State of New Jersey and further agrees to indemnify and hold harmless the Township of West Orange from any and all suits,

ordinances, regulations and statutes of the Township of West Orange and of the State of New Jersey and further agrees to indemnify and hold harmless the Township of West Orange from any and all suits, claims, damages or actions arising out of the performance of this Agreement, including any legal fees and costs incurred. The term "Township of West Orange" is defined to mean the Township and all its officials, employees, agents and representatives, contractors and consultants.