07-09-2014 Council Agenda - Laserfiche WebLink

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Fra -Dor, Inc. Aggregate Stockpiling and Recycling Interim Use Permit Interim Use Agreement Page 11of16 29. The security shall not be used by the City for ongoing monitoring or City evaluation expenses while Owner is conducting operations on the Property in compliance with the Interim Use Permit. 30. The Owner agrees that the terms of the financial security shall be deemed to have been violated if the Owner fails to perform any of the terms of this Agreement in the manner required by the City. Determination of a violation of the terms of the Agreement shall be in the sole discretion of the City. The financial security shall be immediately available for use by the City to complete part or all of the property restoration in the event this Agreement is breached or the restoration is not completed in an acceptable or timely manner, as determined in the sole discretion of the City. The City shall have the right to enter upon the property to inspect work or complete all or a portion of the restoration as necessary. In the event the City does any such work, the City may, in addition to its other remedies, assess its costs in whole or in part against the property to be collected in the manner of property taxes. Indemnification and Insurance 3]. The Owner agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of the Owner, or its agents or contractors. 32. Until all of Owner's obligations under this Agreement are fulfilled, Owner shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $500,000 for one person and $1,000,000 for each occurrence. Limits 12