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<br />a full set of as-built plans of the Improvements for the City's records.
<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,
<br />its 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,
<br />damage, or cause of action of any kind or character arising out of or by reason of the
<br />execution of this Agreement or the performance and completion of the Improvements. The
<br />Developer, and the Developer's successors or assigns, agree to protect, defend and save the
<br />City, and its officers, agents, and employees, harmless from all such claims, demands,
<br />damages, and causes of action and the costs, disbursements, and expenses of defending
<br />the same, including but not limited to, attorneys fees, consulting engineering services, and
<br />other technical, administrative or professional assistance. Nothing in this Agreement shall
<br />constitute a waiver or limitation of any immunity or limitation on liability to which the City is
<br />entitled under Minnesota Statutes, Chapter 466, or otherwise. In addition, while the City
<br />shall endeavor to complete the City’s share of utility improvements contemplated in this
<br />Agreement, if any, under no circumstances shall the City be responsible or liable for any
<br />construction delays of any kind, costs, or the inability of the City to complete the City’s
<br />share of utility improvements 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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