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City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and
<br />incorporated herein by this reference.
<br />14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee
<br />payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and
<br />street centerline monuments for Parcel/Tract No. 1 SZ. s0 in compliance with the
<br />applicable provisions of City's Municipal and/or Development Code ("Subdivision
<br />Monuments"), Developer shall deposit cash with City in the amount of
<br />Dollars ($IS, 600. 00 ), which sum shall not be less than one hundred percent (100%) of the
<br />costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash
<br />deposit may be released by written authorization of the City Engineer after all required
<br />Subdivision Monuments are accepted by the City Engineer, City has received written
<br />acknowledgment of payment in full from the engineer or surveyor who set the Subdivision
<br />Monuments, and provided Developer is not in default of any provision of this Agreement or
<br />condition of approval for Parcel/Tract No. 1 Y>ZS'O
<br />15.0 Tien. To secure the timely performance of Developer's obligations under this
<br />Agreement, including those obligations for which security has been provided pursuant to
<br />Sections 13 et M. and 14 of this Agreement, Developer hereby creates in favor of City a lien
<br />against all portions of the Property not dedicated to City or some other governmental agency for
<br />a public purpose. As to Developer's default on those obligations for which security has been
<br />provided pursuant to Sections 13 et s„Leq. and 14 of this Agreement, City shall first attempt to
<br />collect against such security prior to exercising its rights as a contract lienholder under this
<br />section.
<br />1.6.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its
<br />elected officials, officers, employees, and agents from any and all actual or alleged claims,
<br />demands, causes of action, liability, loss, damage, or injury, to property or persons, including
<br />wrongful death, whether imposed by a court of law or by administrative action of any federal,
<br />state, or local governmental body or agency, arising out of or incident to any acts, omissions,
<br />negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors
<br />in connection with or arising out of construction or maintenance of the Public Improvements, or
<br />performance of this Agreement. This indemnification includes, without limitation, the payment
<br />of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses,
<br />and the reimbursement of City, its elected officials, officers, employees, and/or agents for all
<br />legal expenses and costs incurred by each of them. This indemnification excludes only such
<br />portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to
<br />property or persons, including wrongful death, which is caused solely and exclusively by the
<br />negligence or willful misconduct of Agency as determined by a court or administrative body of
<br />competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or
<br />termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received
<br />by City, its elected officials, officers, employees, or agents.
<br />17.0 Insurance.
<br />17.1 Types, Amounts. Developer shall procure and maintain, and shall require
<br />its contractors to procure and maintain, during construction of any Public Improvement pursuant
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