Agmt09 San Carlos, City of - Laserfiche WebLink

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12. Redwood City shall only accept the work accomplished within the limits of San Carlos after receiving written approval from San Carlos' representative. San Carlos disapproval of Redwood City work shall only be for non-conformance with Redwood City adopted Project plans and specifications for the levee improvement. Said approval or disapproval, if any, by San Carlos shall be provided so as not to cause Redwood City to sustain any claims for delays from the Contractor. 13. San Carlos hereby grants to Redwood City permission and license to enter and occupy that portion of the Levee that comprises the site of the San Carlos Levee Project for the purpose of constructing said Project and all necessary or appropriate activities pertaining thereto. The permission and license shall commence upon the date hereof and shall remain in full force and effect for the duration of the construction of the San Carlos Levee Project, acceptance thereof by Redwood City, and for the period of time during which all guarantees or other obligations of Redwood City's general contractor for the Project remain in effect from and after acceptance by Redwood City of said Project. San Carlos hereby warrants and covenants that San Carlos possesses an easement or other property rights in the Levee, including the site of the San Carlos Levee Project, at least commensurate with the permission and license hereby granted to Redwood City. 14. Not less than thirty-five (35) days following recordation of the Notice of Completion, Redwood City shall assign to San Carlos all right, title and interest in the San Carlos Levee Project, including all guarantees or warrantees pertaining thereto. 15. Upon successful completion, acceptance, and transfer of all right, title and interest in the San Carlos Levee Project by Redwood City, San Carlos shall assume maintenance responsibility for all of the improvements constructed as part of said Project. 16. Representatives of the respective Parties for administration of this Agreement and for purposes of coordinating the respective obligations and activities of the Parties are Redwood City's City Engineer and San Carlos' Public Works Director or his/her designee. 17. San Carlos shall indemnify, defend, and hold harmless Redwood City, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of San Carlos or San Carlos' failure to perform obligations required of San Carlos under this Agreement. 18. Likewise, Redwood City shall indemnify, defend, and hold harmless San Carlos, its officers, agents, and employees from all claims, damages, suits or actions of every name, kind, and description, arising out of or relating to the matters covered by this Agreement to the extent that such claims, suits or actions are due to the negligence or willful misconduct of Redwood City 4