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07-23-2003 Council Agenda
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07-23-2003 Council Agenda
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15. Warranty. Developers warrant all work required to be performed against poor material and faulty <br />workmanship for a period of one (1) year after its final completion and approval by City. All landscaping including, <br />but not limited to, trees, shrubs, grass seed and sod, shall be warranted to be alive, of good quality and disease free <br />for twenty -four (24) months from the time of planting. Any replacements shall be warranted to be alive, of good <br />quality and disease free for twenty -four (24) months from the time of planting. Developers shall post maintenance <br />bonds or other security acceptable to City to secure the warranties. <br />16. Miscellaneous. <br />a. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the <br />case may be. Developers may not assign this Agreement without the written permission of City. <br />b. Breach of the terms of this Agreement by Developers shall be grounds for denial of the <br />issuance of any building permit or rescission of any building permit, or issuance of any certificate of occupancy. <br />c. If any portion, section, subsection, sentence, clause, paragraph, or phrase ofthis Agreement is <br />for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreement. <br />d. The action or inaction of City shall not constitute a waiver or amendment to the provisions of <br />this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by <br />written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall <br />not be a waiver or release. <br />e. Developers shall provide and maintain public liability and property damage insurance <br />covering personal injury, including death, and claims for property damage which may arise. Limits for bodily <br />injury or death shall not be less than $1,000,000 for each occurrence; limits for property damage shall not be less <br />than $1,000,000 for each occurrence. City shall be named as an additional named insured on said policy, and the <br />Developers shall file a copy of the insurance coverage with City prior to City issuing the permit to proceed with the <br />construction of the improvement. <br />H:Uoe I H \Conespondence\Joel 2003 \Inman Development Contractdoc <br />-7- <br />
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