Agenda Packets - 1999/05/10 - Laserfiche WebLink

Home Browse Search

quality, and disease free for one year after planting. Any replacements of same shall be similarly warranted for one year from the time of planting. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty(30) days of receiving demand for such work from the.City,weather permitting. 2.11. Records and Plans. Upon completion of the Improvements, the Developer shall provide the City with a full set of mylar as-built plans for the City's records. 2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City a copy of the General Contractor's one-year maintenance bond guaranteeing the Improvements. 2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be personally liable or responsible in any manner to the Developer,the Developer's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to save the City, its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorney's fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 2.14. Compliance with Existing Laws. The Developer will require the General Contractor and architect to perform all work pursuant to this Agreement in compliance with existing laws, ordinances,pertinent regulations, standards, and specifications. ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Maintenance. The City will do normal maintenance and snowplowing and the Developer or the Developer's tenant will be responsible for any additional plowing and maintenance which is necessary to maintain safe conditions due to the Developer's street design which is distinct from the City's normal design. 3.02. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including attorney fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. The City agrees to pay the Developer's costs and expenses, including attorney fees,in the event a suit or action is brought by the Developer against the City to enforce the terms of this Agreement and the Developer is the prevailing party in the suit or action brought by the Developer against the City. 3.03. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. SJR-149487 6 MU210-8