2023-12-13 CC Packet - Laserfiche WebLink

Home Browse Search

contractors or any party doing work on behalf of the City of Centerville has included the Council as additional insured on the policy. e. Notify Council at least 72 hours in advance of the actual physical commencement of any construction, repair or replacement of any encroaching improvement on Council Property. 4. Nothing in this Agreement shall be deemed an assumption of responsibility by the Council for any construction, maintenance, replacement or repair of the Requestor’s encroaching improvements. 5. City of Centerville will indemnify, save, defend and hold the Council harmless from and against any loss, cost, or expense incurred by the Council, including any losses resulting from claims or damages to property, personal injuries or deaths, judgments, court costs and reasonable attorneys’ fees, which arise out of or are claimed to have arisen out of the Encroachment. 6. City of Centerville and its/his/her successors and assigns hereby agree that construction and placement of improvements or infrastructure in the Encroachment is granted at the sole discretion of the Council and Requestor shall adhere to the terms and conditions of this Agreement and approved plans and specificationsas attached or referenced Exhibit B-2. Further, SRPB Strategic Housing, LLC, their successors and assigns shall submit any alterations, modifications or amendments to the improvements to Council for Council’s prior review and for separate written agreement and consent. 7. Under no circumstances, shall City of Centerville commence construction, either for initial construction or any future reconstruction, relocation or realignment of the improvements until Council has provided to the written acceptance of either amendments or modifications to the original improvement or future plans for reconstruction, relocation or realignment of the original improvements. 8. City of Centerville and its/his/her successors and assigns hereby agree that Council, its employees, agents, contractors and invitees shall have access to Council property on this site at all times. 9. City of Centerville and its successors and assigns will pay for repair or replacement of any damage to or destruction of the Council’s Property, which damage or destruction arises from or is attributable to the encroachment upon or use of the Council Property described in this Agreement. 10. The Encroachment shall not interfere with the Council’s use of the Property. Should Council find it necessary to remove or disturb the Encroachment, Council shall provide thirty (30) days written notice to City of Centerville except in an emergency when the Council may enter the Encroachment Area immediately and provide Owner notice as soon as practical. In either event, all removal, replacement, and relocation of said improvements shall be paid for by City of Centerville their successors and assigns. In the event the City of Centerville is unable to or unwilling to remove, replace or relocate the -2 - v2021.Oct