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AgdaPkt 2011-12-12
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AgdaPkt 2011-12-12
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Last modified
10/29/2012 8:43:35 AM
Creation date
12/13/2011 2:08:51 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/12/2011
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6.1. F. - Page 33 <br /> would reduce such security to an amount belav+r that required to guarantee <br /> the compEetion of the act or work and any ot�er obligation impased by this <br /> Agr�ement. <br /> (2} Security for Pavment: Security furnished to secure payment to con�ractors, <br /> subco�tractors, and fo persons providing labor, materials or equipment shall, <br /> six (6j months afi�er acceptance af all of the Improuem�nts, be reduced ta ar� <br /> arr�ount equal to the total amaunt claimed by all cfaimants far whom lier�s <br /> have beer� fil�d and of which r�otiee has been gi�en to the City, plus an <br /> amaunt reasonably determined by �he City Engineer to be required to assure <br /> the per�ormance of any other obligatio�s secured by the security. The <br /> balar�ce of the security shall be release� u�on set#lement or refease of all <br /> claims and obligations for which the security was given. <br /> C. If Owner`s obligations relating to any Impro�emenfs a�� subject to the <br /> appraval of another go�ernmental agency, the City s�al� r�ot release the irnprovement <br /> security thereof until the obligatians are performed to the satisfaction of such other <br /> governmental agency. Such agency shalE have twa (2) mont�s after Owner's <br /> performance of the obligation to register its satisfaction or dissatisfaction. If at the end <br /> o� that period it E�as r�ot registered its satisfactior� or dissatisfactian, it shall be <br /> conclusively deemed that the Owner`s performance of the obfigatian was done fio its <br /> satisfaction. <br /> 4. INDEMNIFICAT[ON OF CITY BY OWNER <br /> A. Neither the City, nor i#s officers, agents and employe�s, shall be liable or <br /> responsible for any accident, injury, loss, or damage ta either proper�y or person <br /> attribu�able to or arisin� out af the constr�c�ion or installation af the Improvements. <br /> �wner shall indemnify, hold harmless and defend the City, its officers, agents and <br /> employees, from and agair�st ar�y and a[I losses, claims, costs, exper�ses, liabilities, <br /> damages, actions, causes of action and j�dgments, including reasanable attorneys' <br /> fees, arisir�g out of or attri�utable to Owner's perFormance un�er this Agreemen�. I <br /> B. Own�r's obliga�ions under tl�is Section 4 are not conditioned or dependent <br /> upon the City, or its O��ECEI"S ager�ts and employees, whether the City prepared, <br /> suppl�ed or re�iewed any lmprovement Plans or related specifications in eonnectior� with <br /> the S�bdi�ision ar the Impravements, or whetfi�er the City has insurance or vther <br /> indamr�ification covering any of these matters. <br /> C. Owner's obligation to indemnify, hold harmless and defend the City shail <br /> extend to injuries �o persor�s ar�d �amages to or a(isged taking of pro��rty resulting from <br /> the design or constructian of the Subdivision, and the Impro�ements required herein, <br /> and shall likewise extend ta adjacent pro�erty owr�ers asserting claims based upon the <br /> diversion of waters ca�sed by the �wner's design or construction of public drainage <br /> sys#ems, streets, and other public #acilities or impravemer�ts. The City's acceptanc� of <br /> the Irnprouements sha[! not constitute a� assumption by the City o� any res�onsibility or <br /> liability for any damage or allegec� taking of property referenced herein. City shall not be <br /> responsi�le or liable for the design or construetion o# the Subdivision or the <br /> ATTYIAGR1201'I.1341KENTFIEl.D 5UBQ1l/IS10lV <br /> REV:1210'il'{ 1 Page 4 of 8 <br />
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