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faulty workership for a period of one (1) year after completion and acceptance by the City, except
<br /> that the warranty period for the street, drainage, and erosion control portions of the Improvements
<br /> shall be for two (2) years after completion and acceptance by the City. All trees, grass, sod or other
<br /> landscaping installed in connection with the Improvements are warranted to be alive, of good
<br /> quality, and disease free for one year after planting. Any replacements of same shall be similarly
<br /> warranted for one year from the time of planting. The Developer shall be solely responsible for all
<br /> costs of performing repair and replacement work required by the City and shall perform such work
<br /> within thirty (30) days of receiving demand for such work from the City, weather permitting.
<br /> 2.11. Records and Plans. The Developer agrees to provide the City with copies of all bids and
<br /> change orders, and the names of all suppliers and subcontractors, and other similar information
<br /> relating to the Improvements to be constructed by the Developer. Upon completion of the
<br /> Improvements, the Developer shall provide the City with a full set of mylar as-built plans for the
<br /> City's records. •
<br /> 2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof
<br /> by the City, the Developer shall furnish the City a one-year maintenance bond guaranteeing the
<br /> Improvements.
<br /> 2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
<br /> officers, agents, and employees shall not be personally liable or responsible in any manner to the
<br /> Developer, the Developer's contractor or subcontractors,material suppliers, laborers,or to any other
<br /> person or persons for any claim,demand,damage,action,or cause of action of any kind or character
<br /> arising out of or by reason of the execution of this Agreement or the performance and completion
<br /> of the Improvements. The Developer agrees to save the City, its officers, agents, and employees,
<br /> harmless from all such claims,demands,damages,and causes of action and the costs,disbursements,
<br /> and expenses of defending *the same, including but not limited to, attorney's fees, consulting
<br /> engineering services, and other technical,administrative or professional assistance.
<br /> 2.14. Compliance with Existing Laws. The Developer warrants that all work performed pursuant
<br /> to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations,
<br /> standards, specifications of the Minnesota Polution Control Agency as outlined in Documnent
<br /> #981863 date-stamped February 25, 1998 and specifications of the City, and is subject to approval
<br /> of the City's Building Official.
<br /> ARTICLE THREE
<br /> ADDITIONAL PROVISIONS
<br /> 3.01. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding
<br /> preparing and administering this Agreement, processing the plat and preparing and reviewing an
<br /> environmental assessment worksheet(EAW)and environmental impact statement(EIS),if required.
<br /> The costs to be paid shall include, but not be limited to, attorney fees, engineering fees, and other
<br /> technical or professional assistance, including the work of the City staff.
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