10-22-2001 Council Packet - Laserfiche WebLink

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20. Incofporation bv Reference: All plans, special provisions, proposals, specincations and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 21. L Disclaimer bv Citv: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen. laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character. ari.sing out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attome>’ fees, which the City, Cit>' Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this agreement by the Developer, its employees, agents or sub* contractors, whether or not coused in part by a party indemnified hereunder. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the su.spension or w ithholding of all permits, licenses, occupancy certi ficates or other authorizations issued by the City in connection w ith the property inc 1 uded in this development. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Dcvelcper to seek injunctiv&'mandatorx' relief through the courts, together with other relief os the law may provide. Riuht of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improv enients by the date specified in Section 11. Controlling Agreement. To the extent that there is any dilTerence or ambiguity between this Planned Unit Development Agreement and other agreements between the City and the Dev eloper, this Planned Unit Development Agreement shall control. Page 10 of 14