CC PACKET 12161999 - Laserfiche WebLink

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F. No jet skis, ATV's, motorcycles, or other engines shall be operated outside of the building on the Property, except for motorcycles entering and leaving the Property. All running ' of engines and testing of vehicles and equipment on the Property shall be conducted inside the building. Service doors on the building will be kept closed at all times such engines are operating in the building. J. All test driving of motorcycles shall be conducted on Highway 88 and not on the City streets in the vicinity of the Property. K. Developer shall be allowed to display up to eight vehicles outside of the Building. 19. Warranty. The Developer warrants all public improvements required to be constructed by it pursuant to this Agreement against poor material and faulty workmanship. The warranty period for public improvements is one year, except that the warranty period for underground public utilities is two years. The warranty period shall be two years on underground utilities and shall commence following the completion and acceptance by.City Council. The one year warranty period for public improvements shall commence after inspection by City staff and acceptance by the City Manager. The Developer shall post.maintenance bonds in the amount of 25% of final certified construction costs to secure the warranties. The City shall retain 10% of the Security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. 20. Responsibility for Costs ' A. Except as otherwise specified herein, the Developer shall pay all out-of-pocket costs incurred by Developer or by the City in conjunction with the development of the CUP, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the CUP, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the CUP. B. Developer shall hold the City and its Councilmembers, officers, employees, consultants and agents ("City Parties") harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from CUP approval and development unless directly caused by the malfeasance or negligence of the City Parties. The Developer shall also indemnify the City Parties for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees unless directly caused by the malfeasance or negligence of the City Parties. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including consultant and attorneys' fees. -4-