ORD 43550 - Streetscape Maintenace Agreement with South Farm, LLC for Heartwood Preserve (South Farm)6. The administration of this Agreement shall be through the offices of the undersigned
officers for their respective entities.
7. Association or City shall not, in performance of this Agreement, discriminate or permit
discrimination against any person because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, national origin, age, or disability, in violation of federal or state laws.
8. This Agreement shall be binding upon the parties hereto, their respective successors and
assigns.
9. Association agrees to indemnify, protect, and hold City, harmless from and against any
and all actions or causes of action, claims, demands, liabilities, loss, damage, injury, suit, proceeding,
judgment, cost, or expense of whatever kind or nature, arising from or as a result of any incident, act,
action, cause of action, negligence, transaction or omission of the Association in connection with, or
incidental to the construction, operation, maintenance, or use of the Improvements with and upon the
areas identified in the Streetscape Plans.
10. In the event that the City, in performing construction activities or routine maintenance in
the right-of-way, damages, removes, or otherwise impacts any of the Improvements, the Association
agrees that the City shall not be liable for any cost to repair, replace, or restore any of the Improvements.
11. Association shall obtain and maintain the following insurance coverages in at least the
following minimum amounts, covering bodily injuries (including death) and property damage, and
naming the City as an additional insured as to each:
(a) Commercial general liability: $1 million for each occurrence (bodily injury and
property damage); $2 million general aggregate.
(b) Automobile liability: $1 million for each person for bodily injury; $1 million for
each accident for bodily injury; $1 million for each accident for property damage;
$1 million combined single limit.
Association shall provide to the City’s Public Works Department a Certificate of Insurance
evidencing the above coverages and the additional insured endorsement.
Said insurance coverages shall remain in place while the Improvements occupy the right-
of-way, including periods of construction, maintenance, and removal.
[Space Below Intentionally Left Blank –
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EXHIBIT “A” STREETSCAPE
PLANS
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LAMP RYNEARSON - ENGINEERS
RANDALL R KUSZAK
E-15439EXHIBIT A
PAGE 1 OF 5
STREETSCAPE MAINTENANCE LIMITS
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LAMP RYNEARSON - ENGINEERS
RANDALL R KUSZAK
E-15439
EXHIBIT A
PAGE 2 OF 5
STREETSCAPE MAINTENANCE LIMITS
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LAMP RYNEARSON - ENGINEERS
RANDALL R KUSZAK
E-15439EXHIBIT A
PAGE 3 OF 5
STREETSCAPE MAINTENANCE LIMITS
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LAMP RYNEARSON - ENGINEERS
RANDALL R KUSZAK
E-15439EXHIBIT A
PAGE 4 OF 5
STREETSCAPE MAINTENANCE LIMITS
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RANDALL R KUSZAK
E-15439
EXHIBIT A
PAGE 5 OF 5
STREETSCAPE MAINTENANCE LIMITS