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2020.09.08 CC Packet
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2020.09.08 CC Packet
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business days prior to doing any work on the Property in order to permit the Owner or <br />its representatives to be present during the time any Work is being done by City Parties. <br /> <br />(c) Dispose of all solid waste generated during the course of the City Parties’ Work on the <br />Property in accordance with applicable federal, state and local laws, rules and <br />regulations. <br /> <br />(d) Do the Work in the shortest period of time reasonably necessary to complete such <br />activities authorized under this Agreement as the City, in its sole discretion, shall elect to <br />undertake. <br /> <br />(e) Do no unnecessary damage to the Property and restore any portion of the Property not <br />otherwise improved to substantially the same condition as the condition in which it was <br />found by the City Parties at the time of their entry upon the Property pursuant to this <br />Agreement. All Work to restore the Property shall be done in accordance with the plans <br />developed by the City and presented to the Owner prior to commencing Work on the <br />Property. Such restoration work shall include installation of 2” topsoil and sod in any <br />areas disturbed as a result of the proposed driveway construction. <br /> <br />(f) All work and activities conducted by the City Parties on the Property shall be at the <br />sole risk, cost and expense of the City Parties. The City hereby waives and relinquishes, <br />for itself and for all persons and parties claiming through or under it (including but not <br />limited to its employees, contractors and agents), any and all claims, liens, liabilities, <br />causes of action, demands and costs and expenses relating to the subject matter of this <br />Agreement now or hereafter arising in favor of either the City and/or any such person <br />or party with respect to injury to persons or property occasioned by the condition of <br />the Property or any improvements thereon or any other facts or occurrences relating <br />to performing the Work, except to the extent caused by willful acts or gross negligence <br />of the Owner, its officers, or employees. <br /> <br />(g) Hold the Owner harmless from and indemnify it from any and all claims, damages, <br />judgments or obligations, including attorneys’ fees and the cost of any litigation, arising <br />out of damage to the Property or the filing of any mechanic’s liens, or arising out of <br />injury to anyone incurred or alleged to have been incurred in connection with or as a <br />result of any Work done pursuant to this Agreement. Except to the extent that any pre- <br />existing environmental conditions on the Property are exacerbated by any of the City <br />Parties, nothing in this subparagraph or the preceding subparagraph, however, shall <br />relieve the Owner or any third party of liability as a “responsible party” under any <br />present or future federal, state and local laws, statutes, ordinances or regulations, as <br />well as common law, relating to the environment or any natural resource, including,
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