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(b) Security for Payment: Security famished to secure payment to
<br />contractors, subcontractors, and to persons providing labor, materials or equipment shall,
<br />six (6) months after acceptance of all of the Improvements, be reduced to an amount
<br />equal to the total amount claimed by all claimants for whom liens have been filed and of
<br />which notice has been given to the City, plus an amount reasonably determined by the
<br />City Engineer to be required to assure the performance of any other obligations secured
<br />by the security. The balance of the payment security shall be released upon settlement or
<br />release of all claims and obligations for which the security was given.
<br />(c) If Developer's obligations relating to any Improvements are subject to
<br />the approval of another governmental agency, the City shall not release the improvement
<br />security thereof until the obligations are performed to the satisfaction of such other
<br />governmental agency. Such agency shall have two (2) months after Developer's
<br />performance of the obligation to register its satisfaction or dissatisfaction. If at the end of
<br />that period such agency has not registered its satisfaction or dissatisfaction, it shall be
<br />conclusively deemed that the Developer's performance of the obligation was done to the
<br />agency's satisfaction.
<br />16. Warrantv Period: Renair and Reconstruction. Without limiting the foregoing, Developer
<br />expressly warrants and guarantees all Work performed under this Agreement and all materials used in the
<br />Work for a period of one (1) year after City's final acceptance in accordance with Section 13. If, within
<br />this one (1) year warranty period, any Improvement or part of any Improvement installed or constructed,
<br />or caused to be installed or constructed by Developer, or any of the Work done under this Agreement,
<br />fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall,
<br />without delay and without cost to City, repair, replace or reconstruct any defective or otherwise
<br />unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should
<br />Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the
<br />situation require repairs, replacements or reconstruction to be made before Developer can be notified,
<br />City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction
<br />and Developer shall pay to City upon demand the actual cost of such repairs, replacements or
<br />reconstruction.
<br />17. Develoner Not Aeent of Citv. Neither Developer nor Developer's contractors,
<br />subcontractors, agents, officers, or employees are agents or employees of City and the Developer's
<br />relationship to City, if any, arising herefrom is strictly that of an independent contractor.
<br />18. Indemnification.
<br />181 Neither the City, nor its officers, agents nor employees, shall be liable or
<br />responsible for any accident, injury, loss, or damage to either property or person attributable to or
<br />arising out of the construction or installation of the Improvements. Developer shall indemnify,
<br />hold harmless and defend the City, its officers, agents and employees, from and against any and
<br />all losses, claims, costs, expenses, liabilities, damages, actions, causes of action and judgments,
<br />including reasonable attorneys' fees, arising out of or attributable to Developer's performance
<br />under this Agreement. Notwithstanding the forgoing, Developer shall not be obligated under this
<br />Agreement to defend and/or indemnify the City to the extent that any of the damage or injury is
<br />caused by the gross negligence or willful misconduct of the City or its officers, agents or
<br />employees.
<br />182 Developer's obligations under this Section 18 are not conditioned or dependent
<br />upon the City, or its officers, agents and employees, whether the City prepared, supplied or
<br />REV: 04-06-17 PR
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