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04-23-1990 Council Packet
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04-23-1990 Council Packet
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Disclaimer bv Cltv: It is understood and agreed that the <br />City, the City Council, and the agents and employees of <br />the City shall not be personally liable or responsible in <br />any manner to the Developer or Developer's contractors, <br />subcontractors, materialmen, laborers, or any other <br />person, firm or corporation, for any debt, claim, demand, <br />damages, actions, or causes of action of any kind or <br />character, arising out of or by reason of the execution of <br />this agreement or the performance and completion of the <br />Improvements. <br />Hold Harmless and Indemnification: The Developer shall <br />indemnify and hold harmless the City, the City Council, <br />and the agents and employees of the City from and against <br />all claims, damages, losses or expenses, including <br />attorney fees, which the City, City Council and agents and <br />employees of the City may suffer or for which it may be <br />held liedsle, arising out of or resulting from the <br />assertion against them of any claims, debts or <br />obligations in consequence of the performance of this <br />agreement by the Developer, its employees, agents or <br />subcontractors, whether or not caused in part by a party <br />indemnified hereunder. <br />Remedy for Default; Default by the Developer of any of <br />the terms of this agreement shall automatically result in <br />the suspension or withholding of all permits, licenses, <br />occupancy c-^rtificates or other authorizations issued by <br />the City ■* i connection wit <br />developme it. <br />A. The Developer hereby grants to the City, its agents <br />and its employees, the right to enter on the property for <br />the specific purpose of constructing or completing any and <br />all of the agreed upon Improvements should the Developer <br />not complete those Improvements by the date specified in <br />Section 4(B). <br />B. The remedies afforded to the City under this Section <br />shall be in addition to any other remedies to which the <br />City may be entitled by law or other agreement. <br />C. Default by the City shall entitle the Developer to <br />seek injunctive/mandatory relief through the courts, <br />together with other relief as the law may provide. <br />with the property included in this <br />Initials of Developer <br />Initials of City Clerk _ _ _ <br />Page 5 of 6
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