Agenda Packets - 1998/09/08 - Laserfiche WebLink

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landscaping installed in connection with the Improvements are warranted to be alive, of good 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. t, the its 2.13. Indemnification. Notwithstanding anything responsible itrary in this nn amnynmarmer to,the officers, agents, and employees shall � notbe personally liable 1eveloper,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 THEE ADDITIONAL PROVISIONS 3.01. Maintenance. The Developer or owner shall pay or be responsible for any snow removal in the boulevard or from Edgewood Drive right-of-way which hinders the drainage of the street. 3.02. Attorney Pees. 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. 3.04. Assignment. The Developer may not assign any of its obligations under this Agreement m44947 6 NOI/10-8 188-d ll/20'd 9P8-1 01E61EEt19 N3AV219 V Aa3NN3N-woad wd62:Z0 86-Ea-des