Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements on or before the Estimated Completion Date set forth in Exhibit C, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the Public Works Director or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the time of such construction. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Developer agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation.
Developer’s Obligations to Construct Improvements. Developer shall design, construct and install at its own expense, the Improvements more particularly described in Section 9 (Development Standards) which are included in Exhibit C on or before the Estimated Completion Date, subject to extension as provided for delays due to Force Majeure. Construction of the Improvements shall be in substantial and material conformance with the Plans and Specifications, as reviewed and approved by the Public Works Director or a designated representative, and shall be in compliance with all policies, ordinances, standards and specifications adopted by the City relating thereto in effect at the issuance of the construction permit based solely on the Improvements more particularly described in Section 9 (Development Standards) which are included in Exhibit C. The City’s review and approval of the Plans and Specifications shall not impose any liability on the City and shall not limit or affect Developer’s responsibility or liability for design, construction and installation of the Improvements. Xxxxxxxxx agrees to save and hold the City harmless from any claims, fault or negligence attributable to such design, construction and installation. Nothing in this Agreement shall obligate the Developer to violate any health and safety measures or building codes. Nothing in this Agreement shall obligate the Developer to repair existing damage to City-owned improvements. Prior to commencement of construction, Developer and City shall meet on site to memorialize any existing damage and allocate responsibility for repairs.
