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R2008-153 AUTHORIZING AGREEMENT
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R2008-153 AUTHORIZING AGREEMENT
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10/21/2015 10:51:22 AM
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Resolution/Ordinance
Res Ord Num
R2008-153
Res Ord Title
AUTHORIZING AGREEMENT CDBG FACADE PROGRAM
Approved Date
9/15/2008
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6. Except for any claims, suits or actions caused by the intentional or <br /> negligent acts of City, Owner and any person claiming rights hereunder through <br /> Owner, agrees to indemnify and defend (including payment of City's attorney's <br /> fees and costs) City against any claims, suits, or actions for death or injury to <br /> persons or damage to property or breach of contract or any other claim or <br /> demand brought against City arising from any alleged claims, acts omissions in <br /> connection with this exterior design and fa�ade renovation, whether or not suit is <br /> filed. Owner shall obtain, at his/her expense, and shall provide City proof of "all <br /> risks" property insurance coverage on said building, naming City as an additional <br /> insured. 'I <br /> 7. The covenants and conditions set forth in this agreement are <br /> covenants running with the land. As such, it is the parties' intention that the <br /> same inure to the benefit of City, its successors and assigns, and be and remain <br /> binding upon the heirs, personal representatives, successors, grantees and <br /> assigns of Owner, for the period described in this Agreement. <br /> 8. City's obligations hereunder shall cease if Owner fails to demonstrate <br /> to City that Owner has an enforceable written agreement with a capable and <br /> competent contractor for the renovation of the exterior design and fa�ade of the <br /> building on or before December 16, 2008. City reserves the right to reject any <br /> contract between Owner and contractor, for any reason or reasons that City <br /> might lawfully reject such a contract between City and the same contractor, <br /> including but not limited to responsible and responsive bidder requirements. <br /> Absent such an agreement, this Agreement shall be null and void. The owner <br /> will be notified in writing. <br /> 9. Material failure or delay by either City or Owner to timely perform any <br /> term or provision of this agreement shall constitute an "event of default" under <br /> this agreement. The party who so fails or delays must, upon receipt of written <br /> notice of the existence of such event of default, cure, correct or remedy such <br /> event of default, within thirty (30) days after having been given such notice. If the <br /> event of default is one which cannot be reasonably cured within a thirty (30) day <br /> period, upon request and with the appropriate showings the cure period shall be <br /> 4 Updated 9/2008 <br />
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