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2025 05-20 CC Packet
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2025 05-20 CC Packet
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10/9/2025 9:25:33 AM
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10/9/2025 9:24:15 AM
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Administration
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ADM 00500
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CITY COUNCIL PACKETS
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PERMANENT
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14 <br /> <br /> Cleanup <br /> <br /> Developer shall promptly clean dirt and debris from streets that has resulted from construction <br />of by the Developer, its agents or assigns. City reserves the right to perform such work as necessary <br />and will invoice all costs to Developer if not completed within the timeframe set by the City, its agents <br />or assigns, in a written notice. The Developer shall be responsible for rubbish and/or construction <br />debris blown off the Property. <br /> <br />ARTICLE XI <br /> <br /> Ownership Of Improvements <br /> <br /> Upon completion of the Public Infrastructure Improvements required by this Agreement and <br />acceptance by the City, the Public Infrastructure Improvements shall become City property without <br />further notice or action. <br /> <br /> The Developer shall schedule City inspections through the City Engineering Department a <br />minimum of forty-eight (48) hours prior to constructing Public Infrastructure Improvements within <br />the public right-of-way or easements. <br /> <br /> Prior to acceptance by the City of the Public Infrastructure Improvements lying within the <br />public right-of-way or easements, the Developer shall provide evidence by sworn construction <br />statement that all contractors who may be entitled to file mechanics liens have been paid. <br /> <br />ARTICLE XII <br /> <br />Prohibitions Against Assignment And Transfer; <br />Indemnification <br /> <br /> Section 12.1. Release and Indemnification Covenants. <br /> <br /> (a) The Developer releases from and covenants and agrees that the City, and <br />the governing body members, officers, agents, servants and employees thereof shall not be <br />liable for, and agrees to indemnify and hold harmless the City and the governing body <br />members, officers, agents, servants and employees thereof, against any loss or damage to <br />property or any injury to or death of any person occurring at or about or resulting from any <br />defect in the Public Infrastructure Improvements. <br /> <br /> (b) Except for any willful misrepresentation or any negligent, willful or wanton <br />misconduct of the following named parties, or breach of this Agreement by the City, the <br />Developer agrees to protect and defend the City, and the governing body members, <br />officers, agents, servants and employees thereof, now and forever, and further agrees to <br />hold the aforesaid harmless from any claim, demand, suit, action or other proceeding <br />whatsoever by any person or entity whatsoever arising or purportedly arising from this <br />Agreement, or the transactions contemplated hereby or the acquisition, construction, <br />installation, ownership, and operation of the Public Infrastructure Improvements and
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