Resolution 2015-86 - Laserfiche WebLink

Home Browse Search

Improvements shall be returned to Developer within thirty (30) days after said Final Acceptance. In the event that the Improvement Guarantee expires or the entity issuing the Improvement Guarantee becomes non qualifying, or the cost of Developer Improvements and construction is reasonably determined by the City to be substantially greater than the amount of the security provided, then the City shall furnish written notice to the Developer of the condition, and within thirty (30) days of receipt of such notice the Developer shall provide the City with a substituted qualifying Improvement Guarantee, or augment the deficient security as necessary to bring the security into compliance with the requirements of this Section 1.11. If such an Improvement Guarantee is not submitted or maintained, then Developer is in default of this Agreement and is subject to the provisions of Section 8.1 of this Agreement. 1.12 Indemnification and Release of Liability. Developer agrees to indemnify and hold harmless the City, its officers, employees, agents, or servants, and to pay any and all judgments rendered against said persons on account of any suit, action, or claim caused by, arising from, or on account of any negligent or wrongful acts or omissions by the Developer, its officers, employees, agents, consultants, contractors, and subcontractors in connection with its obligations under this Agreement, or any negligent or wrongful act or omission in performance of its obligations, including the Developer Improvements, as required herein, and to pay to the City and said persons their reasonable expenses, including, but not limited to, reasonable attorney's fees and reasonable expert witness fees, incurred in defending, any such suit, action or claim; provided, however, that Developer's obligation herein shall not apply to the extent said suit, action or claim results from any acts or omissions of officers, employees, agents or servants of the City or conformance with requirements imposed by the City. Said obligations of Developer with respect to the construction of the Developer Improvements shall be limited to suits, actions or claims based upon conduct prior to Final Acceptance by the. City of the Developer Improvements. Developer acknowledges that the City's review and approval of plans for development of the property is done in furtherance of the general public's health, safety and welfare and that no immunity is waived and no specific relationship with, or duty of care to, the Developer or third parties is assumed by such review approval. 1.13 .Insurance OSHA. Developer shall, through customary contract requirements and other normal means, furnish to the City proof thereof that all employees and contractors engaged in the construction of Developer Improvements are covered by adequate Worker's Compensation Insurance and Public Liability Insurance, and shall require the reasonable compliance with all provisions of the Federal Occupational Safety and Health Act (OSHA). 1.14 Phasing Plan. The Developer Improvements are to be completed in one phase. The Developer Improvements shall be completed by Developer and Construction Acceptance thereof requested on or before February 1, 2019. 2.0 CONSTRUCTION OF IMPROVEMENTS 2.1 Rights of way, Easements and Permits. Omitted. 2.2 Construction. Developer shall furnish and install, at its own expense, the Developer