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immediately deposit with the City the amount necessary to satisfy such lien or claim and any costs,
<br />pending resolution thereof The City may use such deposit to satisfy any claim or lien that is
<br />adversely determined against the Developer.
<br />(c) The Developer shall file a valid notice of cessation or notice of completion upon
<br />cessation of work for a continuous period of thirty (30) days or more, and shall take all other
<br />reasonable steps to forestall the assertion of claims of lien against the Property. The City may (but
<br />has no obligation to) record any notices of completion or cessation of labor, or any other notice
<br />that the City deems necessary or desirable to protect its interest in the Property.
<br />(d) Nothing in this Section 15 is intended to prohibit the encumbrance of Fee Parcel A-
<br />1 by mortgages and security instruments required in connection with the financing of the Project
<br />as permitted pursuant to the DDA.
<br />16. Indemnitv. To the greatest extent permitted by law, Developer shall indemnify, defend
<br />(with counsel approved by City) and hold the City and its elected and appointed officers, officials,
<br />employees, agents, consultants, and contractors (all of the foregoing, collectively, the "City
<br />Indemnitees") harmless from and against all liability, loss, cost, expense (including without
<br />limitation reasonable attorneys' fees and costs of litigation), claim, demand, action, suit, judicial
<br />or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing
<br />collectively "Claims") including without limitation, Claims relating to property damage, personal
<br />injury, or death, in whole or in part resulting from or arising in connection with (i) the ongoing
<br />performance of the Work; or (ii) the failure of Developer, or Developer's employees, agents,
<br />consultants, contractors, subcontractors, or any person acting on behalf of any of the foregoing to
<br />comply with Applicable Laws, including without limitation, Prevailing Wage Laws, or to carry
<br />out the Work in compliance with the Improvement Plans; or (iii) Developer's failure to maintain
<br />the Improvements located on Parcel Al, except to the extent arising from the gross negligence or
<br />willful misconduct of the City Indemnitees.
<br />To the greatest extent permitted by law, City shall indemnify, defend (with counsel
<br />approved by Developer) and hold the Developer and its officers, employees, agents, consultants,
<br />and contractors (all of the foregoing, collectively, the "Developer Indemnitees") harmless from
<br />and against all Claims, including without limitation, Claims relating to property damage, personal
<br />injury, or death, in whole or in part resulting from or arising in connection with City's failure to
<br />maintain the Improvements located on the Creekside Parcel, except to the extent arising from the
<br />gross negligence or willful misconduct of the Developer Indemnitees.
<br />The obligations of Developer and City set forth in this Section shall survive the expiration
<br />or termination of this Agreement.
<br />17. Miscellaneous.
<br />17.1 Notices. Except as otherwise specified in this Agreement, all notices to be sent
<br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
<br />addresses specified below or to such other address as a Party may designate by written notice
<br />delivered to the other Parties in accordance with this Section. All such notices shall be sent by:
<br />ATN/AGR/2019.062/MP BRADFORD ASSOCIATES, L.P., - CREEKSIDE TRAIL IMPROVEMENT AGREEMENT
<br />REV: 03-20-19 PR
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