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2005_0411_Packet
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2005_0411_Packet
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9/14/2009 10:00:40 AM
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Roseville City Council
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Council Agenda/Packets
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14. Warrantv by DEVELOPER. The DEVELOPER warrants all work required to be <br />performed by it against poor material and faulty workmanship for a period of two (2) <br />years after its acceptance by the CITY. All trees, grass and sod shall be warranted to be <br />alive, of good quality and disease free for twelve (12) months after planting. The <br />DEVELOPER shall post maintenance bonds or other security acceptable to the CITY to <br />secure the warranties as per City Code. <br />15. Responsibilitv for Costs; Indemnity by DEVELOPER. <br />A. Except as otherwise specified herein, the DEVELOPER shall pay all costs <br />directly incurred by it or the CITY in conjunction with the approval and <br />acceptance of the PLAT including, but not limited to, Soil and Water <br />Conservation District charges, legal, planning, engineering and inspection <br />expenses incurred in connection with approval and acceptance of the PLAT, the <br />preparation of this Contract, and all costs and expenses incurred by the CITY in <br />monitoring and inspecting development of the PLAT, and the enforcement of this <br />Contract. <br />B. The DEVELOPER shall defend, indemnify and hold harmless the CITY and its <br />officers and employees ("CTTY INDEMNIFIED PARTY") from claims, <br />damages, losses, and expenses sustained or incurred arising out of incurred in <br />connection with claims by a person against a CITY INDENINIFIED PARTY <br />arising from (i) the use or occupancy or manner of use or occupancy of the PLAT <br />by DEVELOPER or any Person claiming through or under DEVELOPER, <br />(ii) any acts, omissions or negligence of DEVELOPER, or any person claiming <br />through or under DEVELOPER, or of the contractors, agents, servants, <br />employees, guests, invitees or licensees of DEVELOPER, or any person claiming <br />through or under such person, in each case to the extent in, about or concerning <br />the PLAT during the term of this Contract, including, without limitation, any acts, <br />omissions or negligence in connection with any construction work or in the <br />making or performing of any repairs, restoration, alterations or improvements, or <br />(iii) any default by DEVELOPER (including, without limitation, any Cure thereof <br />by the District), except to the extent any of the foregoing is caused by the gross <br />negligence, fraud or willful misconduct of any of any CITY INDENINIFIED <br />PARTY. The CITY and its officers and employees shall have the right to choose <br />their own legal counsel and seek reimbursement from DEVELOPER for the <br />reasonable costs of defending against any legal action or claim arising out of, or <br />related to, the PLAT approval and development. <br />C. The DEVELOPER shall pay, or cause to be paid when due, and in any event <br />before any penalty is attached, all charges referred to in this Contract. This is a <br />personal obligation of the DEVELOPER and shall continue in full force and <br />effect even if the DEVELOPER sells one or more lots, the entire plat, or any part <br />of it. <br />
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