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ATTACHMENT A <br />poor material and faulty workmanship for a period of two (2) years after its completion and <br />acceptance by the City. The Developer shall repair or replace as directed by the City and at the <br />Developer’s sole cost and expense: (i) any and all faulty work, (ii) any and all poor quality and/or <br />defective materials, and (iii) any and all trees,plantings, grass, and/or sod which are dead, arenot <br />of good quality and/or are diseased, all being as determined in the sole but reasonable opinion of <br />the City or its Engineer, provided the City or its Engineer gives notice of such defect to Developer <br />on or before 60 days following the expiration of the two-year warranty period. The Developer <br />shall post maintenance bonds or other security acceptable to the City to secure the warranties <br />described herein. <br />16.Clean Up. The Developer shall promptly clear from public streets and property any <br />soil, earth, or debris resulting from construction work by the Developer or its agent or assigns. <br />17.Indemnification. The fee simple owners of the Property shall indemnify, defend <br />and hold the City harmless from and against all liability, claims, damages, costs, judgments, losses <br />and expenses (including costs and attorneys’ fees) resulting or arising from the negligent or <br />wrongful acts or omissions of themselves, and their employees, agents and contractors, in the <br />performance of their respective obligations under this Agreement. The City shall indemnify, <br />defend, and hold the fee simple owners of the Property harmless from and against all liability, <br />claims, damages, costs, judgments, losses and expenses (including costs and attorneys’ fees) <br />resulting or arising from the negligent or wrongful acts or omissions by the City, and its employees, <br />agents and contractors, in the performance of the City’s obligations under this Agreement. <br />18.Amendment, Modification or Waiver. No amendment, modification, waiver or <br />termination of any condition, provision or term of this Agreement shall be valid or of any effect <br />unless made in writing, signed by the record fee simple owner of theProperty affected thereby and <br />the City, and specifying with particularity the extent and nature of such amendment, modification, <br />termination or waiver. Any waiver by any party of any default of another party hereunder shall <br />not affect or impair any right arising from any subsequent default. <br />19.Severability. If any provision of this Agreement is held to be unenforceable or <br />void, such provision shall be deemed to be severable and shall in no way affect the validity of the <br />remaining terms of this Agreement. <br />20.Notices.Any notice to be given by the City under this Agreement shall be in <br />writing and shall be deemed to be properly given: a) if delivered personally to the Taxpayer shown <br />on the most recent Property Tax Statement for the Property to which such notice pertains, b) if <br />mailed by United States registered or certified mail, return receipt requested, postage prepaid, <br />addressed in the manner set forth below, or c) if given to a nationally recognized, reputable <br />overnight courier for overnight delivery addressed as follows: <br />If there is a building/address on To the address of the Property to <br />the Property to which the notice which such notice pertains <br />pertains: <br /> <br />6 <br /> <br />