RES 19-091 APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR SILVER LAKE VILLAGE

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expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the plans and specifications. 3. Any such work or materials which may be done or furnished by Developer or its contractor(s) without such written order first being given shall be at its/their own risk, cost and expense, and the Developer hereby agrees that without such written order it will make no claim for compensation for work or materials so done or furnished. 4. Upon completion of the Work, the City Engineer or his designated representative, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the Work. Before final payment is made to the contractor, the City Engineer shall be satisfied that all Work is satisfactorily completed in accordance with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. Upon making final payment, the Developer shall submit certification that the Project is free of claims, liens and any other encumbrances. The Developer shall submit record plan drawings of the Plan B Improvements to the City Engineer within thirty (30) days after final inspection and acceptance. The City Council of the City and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor(s) or subcontractor(s), material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Development Agreement or the performance and completion of the Work and the improvements provided herein. The Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs, disbursement and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services and costs of legal services rendered in connection with defending such claims as may be brought against the City, except for those claims or actions arising out of the City's, its agents' or employees' negligence or bad faith conduct. 5. Street and sidewalk construction The City has adopted a street and sidewalk construction policy which details practices and standards for new residential areas. The policy includes concrete curb 9 623964v4