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

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covenants running with the land. References herein to the Developer, if there be more than one, shall mean each and all of them. 3. Defective Material or Labor In case any material or labor supplied by the Developer shall be defective or unsuitable, then the City may reject the same, in which event such rejected material shall be removed and replaced with approved materials and the rejected work shall be done anew to the specifications and approval of the City and at the sole cost and expense of the Developer. I. Indemnification The Developer shall and does hereby indemnify, defend and hold the City, its Council, agents, employees, attorneys and representatives harmless against and in respect to any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest penalties and attorney's fees, including without limitation, any litigation which may be commenced by the Developer that the City incurs or suffers which arises out of, results from or relates to any of the following: 1. Failure by the Developer to observe or perform any covenant, condition, obligation or agreement on its part either jointly or severally to be observed or performed under this Development Agreement. 2. Failure by the Developer to pay Developer's contractors, subcontractors, laborers or material men. 3. Failure by the Developer to pay for materials that Developer has ordered. 4. Approval by the City of the PUD plans, the final plat plans and other PUD conditions. 5. ApprovaI by the City of any final plat. 6. Failure to obtain necessary permits and authorizations to construct the Plan A Activities. 7. Construction of the Project. 8. All costs and liabilities arising because building permits were issued prior to the completion and acceptance of the improvements or because there were delays in 12 623964v4