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08/16/00 WED 15:34 FAX 6123402644 DORSEY & WHITNEY
<br /> • have been commenced by Redeveloper and the City then elects to complete the Improvements under
<br /> the provisions of this Section because of a failure of Redeveloper to do so,the City shall have the right
<br /> at its election to either(i) contract with the same contractor or contractors which commenced the
<br /> Improvements,or(ii) competitively bid the work under applicable state statutes. If the City is not
<br /> reimbursed within 15 days from the date of Redeveloper is billed by the City for such costs and
<br /> expenses,the City shall have the right to refuse to issue any building permits or occupancy permits for
<br /> the Property, and shall have the right to cause the entire cost thereof, including all reasonable
<br /> engineering, legal and administrative expense incurred by the City,to be assessed as a special
<br /> assessment against the Property. The City also may take legal action against Redeveloper to collect
<br /> said costs and expenses. In the event of an emergency,.as determined by the City Manager, the notice
<br /> requirements to Redeveloper shall be deemed waived, and Redeveloper shall reimburse the City for
<br /> any expense incurred by the City in remedying the conditions creating the emergency.
<br /> 7. Disclaimer by City. It is understood and agreed that the City,the City Council, and the
<br /> agents and employees of the City, shall not be liable or responsible in any manner to Redeveloper,
<br /> Redeveloper's contractors or subcontractors,materialmen, laborers or to any other person, firm or
<br /> corporation, for any debt, claim,demand,damages, actions or causes of action of any kind or
<br /> character arising out of or by reason of the execution of this Agreement, construction of the
<br /> Improvements, or the performance of any other work on the Property. Redeveloper agrees to hold the
<br /> City, the City Council, and the agents, officers and employees of the City,harmless from any and all
<br /> claims, damages, demands, actions or causes of action arising in relation to this Agreement or in relation
<br /> to the construction of any Improvements on the Property or the performance of any work on the
<br /> Property or for the benefit of the Property, and for the costs,disbursements and expenses of defending
<br /> the same.
<br /> 8. Erosion Control. Redeveloper, at Redeveloper's expense, shall provide temporary
<br /> dams, earthwork or such other devices, including seeding of graded areas, as shall be needed, in the
<br /> judgment of the City Engineer to prevent the washing,flooding, sedimentation an erosion of lands and
<br /> roads within and outside the development during all phases of construction. Redeveloper shall keep all
<br /> streets outside the development free of all dirt and debris resulting from construction.
<br /> 9. Replacement. All work and materials performed and furnished by Redeveloper,
<br /> Redeveloper's agents and subcontractors,found by the City Engineer to be defective within one year
<br /> after acceptance by the City shall be replaced by Redeveloper at Redeveloper's sole expense.
<br /> 10. Liability Insurance. Redeveloper shall take out and maintain during the construction of
<br /> any Improvements public liability and property damage insurance covering personal injury,including
<br /> death, and claims for property damage which may arise out of Redeveloper's work or the work of
<br /> Redeveloper's contractors or subcontractors, or by anyone directly or indirectly employed by any of
<br /> them. Limits for bodily injury or death shall be not less than$1,000,000 for each accident; limits for
<br /> property damage shall be not less than$100,000 for each accident and$500,000 for accidents during
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