Laserfiche WebLink
2.The Wall shall be constructed, maintained and repaired by the Owner at the Owner's <br />sole cost and expense holding the City free and clear of same. The Owner shall maintain the Wall in a <br />neat, clean and safe condition. <br />3.The Owner shall be responsible for obtaining and paying for all permits, variances, <br />approvals, costs, fees and other expenses necessary to construct, maintain and repair the Wall. The <br />Owner shall construct, maintain and repair the Wa ll in compliance with all applicable laws, rules, <br />regulations, codes and ordinances imposed by all governmental authorities which have jurisdiction over <br />the Encroachment Area. <br />4.The Owner hereby covenants and agrees to indemnify, defend and hold the City, and <br />its mayor, council, officers, employees and agents, harmless from and against any and all claims, losses, <br />liabilities, demands, actions, judgments, damages, penalties, fines, costs and expenses (including <br />attorney's fees incurred by the City) arising out of or related to (a) the construction, maintenance and <br />repair of the Wall, (b) the existence of the Wall on the Encroachment Area, and (c) the Owner's use of <br />the Wall on the Encroachment Area. The Owner further a grees to release and discharge the City and its <br />employees, contractors and agents from all damages, liabilities, claims and actions resulting from <br />damages to or destruction of the Wall caused by the City, its employees, contractors or agents, unless <br />caused by the gross negligence or intentional misconduct of the City, its employees, contractors or <br />agents. The Owner shall be responsible to repair, replace or restore the Wall in case of such damage or <br />destruction. <br />5.In the event that the Wall is substantially damaged or totally destroyed, is removed <br />from the Encroachment Area, or the Owners fail to materially comply with any of the Owner's <br />obligations under this Agreement, the Owners shall remove any remaining portions of the Wall which <br />are located within the Encroachment Area and the Owners right to construct, maintain and repair the <br />Encroachment Area shall terminate. The Owners agree to complete such removal at their own cost and