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<br />2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance
<br />thereof by the City, the Developer shall obtain or cause to be obtained and shall furnish the
<br />City a copy of a two-year maintenance bond guaranteeing the Improvements. The
<br />maintenance bond shall be in an amount equal to ten percent (10%) of the financial
<br />guarantee.
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<br />2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
<br />officers, agents, and employees shall not be liable or responsible in any manner to the
<br />Developer, Developer's successors or assigns, the Developer's contractor or subcontractors,
<br />material suppliers, laborers, or to any other person or persons for any claim, demand, damage,
<br />or cause of action of any kind or character arising out of or by reason of the execution of this
<br />Agreement or the performance and completion of the Improvements. The Developer, and the
<br />Developer's successors or assigns, agree to protect, defend and save the City, and its officers,
<br />agents, and employees, harmless from all such claims, demands, damages, and causes of
<br />action and the costs, disbursements, and expenses of defending the same, including but not
<br />limited to, attorneys fees, consulting engineering services, and other technical, administrative
<br />or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of
<br />any immunity or limitation on liability to which the City is entitled under Minnesota Statutes,
<br />Chapter 466, or otherwise. In addition, while the City shall endeavor to complete the City’s
<br />share of utility improvements contemplated in this Agreement, if any, under no
<br />circumstances shall the City be responsible or liable for any construction delays of any kind,
<br />costs, or the inability of the City to complete the City’s share of utility improvements
<br />contemplated in this Agreement, if any.
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<br />2.14. Compliance with Existing Laws. The Developer warrants that all work performed
<br />pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent
<br />regulations, standards, and specifications of the City, and is subject to approval of the City.
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<br />2.15. Lien Waivers. As a condition precedent to the City’s final acceptance of the
<br />Improvements pursuant to Section 2.09 of this Agreement, the Developer shall deliver to the
<br />City final lien releases or waivers by all contractors, subcontractors, materialmen, and other
<br />parties who have supplied labor, materials or services for the construction of the
<br />Improvements, or who otherwise might be entitled to claim a contractual, statutory, or
<br />constitutional lien against the Improvements or Property.
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<br />2.16. Temporary Roads and Other Construction. If construction of the Improvements results
<br />in the construction of temporary roads or other ways, or other temporary improvements or
<br />modifications to the Property or any other property, the Developer shall, as a condition
<br />precedent to the City’s final acceptance of the Improvements pursuant to Section 2.09 of this
<br />Agreement, remove all such temporary improvements and otherwise return such property to
<br />the condition it was in prior to construction of the Improvements; provided that the City may in
<br />its sole discretion, waive or modify the requirements of this Section 2.16 by writing approved
<br />by the City Council and executed by the City.
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<br />2.17. Parking and Storage. The Developer agrees to provide adequate parking and
<br />storage area for workers, equipment, construction materials, or other items associated with
<br />the improvements. Existing public roadways or right-of-ways shall not be utilized for these
<br />purposes except as allowed by the City.
<br />SYSCO Amendment
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