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AgdaPkt 2012-03-19
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AgdaPkt 2012-03-19
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Last modified
3/20/2012 2:54:48 PM
Creation date
3/15/2012 5:34:10 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
3/19/2012
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6.1.B. - Page 11 <br />amount equal to the total amount claimed by all claimants for whom liens <br />have been filed and of which notice has been given to the City, plus an <br />amount reasonably determined by the City Engineer to be required to assure <br />the performance of any other obligations secured by the security. The <br />balance of the security shall be released upon settlement or release of all <br />claims and obligations for which the security was given. <br />C. If Owner's obligations relating to any Improvements are subject to the <br />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 Owner's <br />performance of the obligation to register its satisfaction or dissatisfaction. If at the end <br />of that period it has not registered its satisfaction or dissatisfaction, it shall be <br />conclusively deemed that the Owner's performance of the obligation was done to its <br />satisfaction. <br />4. INDEMNIFICATION OF CITY BY OWNER <br />A. 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 <br />attributable to or arising out of the construction or installation of the Improvements. <br />Owner shall indemnify, hold harmless and defend the City, its officers, agents and <br />employees, from and against any and all losses, claims, costs, expenses, liabilities, <br />damages, actions, causes of action and judgments, including reasonable attorneys' <br />fees, arising out of or attributable to Owner's performance under this Agreement. <br />Notwithstanding the forgoing, Owner shall not be obligated under this Agreement to <br />defend and /or indemnify the City to the extent that any of the damage or injury is <br />ATfY /AGR/2012.014 /SUBDIVISION (IMPROVEMENT AGREEMENT 333 MAIN STREET <br />REV:VR 01/30/12 <br />Page 6 of 14 <br />
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