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<br />2.09. Warranty on Property Work and Materials. The Developer warrants all work required to be
<br />performed by it under this Agreement regarding the Improvements against defective material and
<br />faulty workership for a period of one (1) year after completion and acceptance by the City, except
<br />that the warranty period for the drainage and erosion control portions of the Improvements shall be
<br />for two (2) years after completion and acceptance by the City. In addition, all trees, grass, sod or
<br />other landscaping installed in connection with the Improvements are warranted to be alive, of good
<br />quality, and disease free for a period of one (1) year after completion and acceptance by the City.
<br />Any replacements of same shall be similarly warranted. The Developer shall be solely responsible
<br />for all costs of performing repair and replacement work required by the City and shall perform such
<br />work within thirty (30) days of receiving demand for such work from the City, weather permitting.
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<br />2.10. 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 “as built” record plans. These will include two paper
<br />copies, one Mylar copy, and an electronic copy.
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<br />2.11. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by
<br />the City, the Developer shall furnish the City with a three-year maintenance bond to guarantee the
<br />Improvements. The maintenance bond shall be in an amount equal to ten percent (10%) of the
<br />financial guarantee.
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<br />2.12. 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 of
<br />the Improvements. The Developer agrees to hold 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, attorneys’ fees, consulting
<br />engineering services, and other technical, administrative or professional assistance.
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<br />2.13. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to
<br />this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations,
<br />standards, specifications of regulatory agencies and specifications of the City, and is subject to
<br />approval of the City’s Building Official.
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<br />2.13. City’s Access. The Developer hereby grants the city, its agents, employees, officers and
<br />contractors a non-revocable license to enter the Property to perform all work and inspections deemed
<br />appropriate by the City related to said development.
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