|
employed by professionals in the same discipline in the State of California. Owner represents
<br />and maintains that it or its contractors shall be skilled in the professional calling necessary to
<br />perform the work. Owner warrants that all of its employees and contractors shall have
<br />sufficient skill and experience to perform the work assigned to them, and that they shall have
<br />all licenses, permits, qualifications and approvals of whatever nature that are legally required to
<br />perform the work, and that such licenses, permits, qualifications and approvals shall be
<br />maintained throughout the term of this Agreement.
<br />1.5 Fees and Charges. Owner shall, at his sole cost, expense, and liability
<br />subject to the terms of his underlying lease, pay all fees, charges, and taxes arising out of
<br />construction of the Improvements, including, but not limited to, all plan check, design review,
<br />engineering, inspection, and other service fees, and any impact or connection fees established
<br />by City ordinance, resolution, regulation, or policy; to include reasonable legal fees incurred by
<br />the City.
<br />1.6 City Inspection of Improvements. Owner shall, at its sole cost, expense,
<br />and liability, and at all times during construction of the Improvements, maintain reasonable and
<br />safe facilities and provide safe access for inspection by City of the Improvements and areas
<br />where construction of the Improvements is occurring or will occur.
<br />2. Default; Assurances
<br />2.1 Notice. If Owner neglects, refuses, or fails to fulfill or timely complete
<br />any obligation, term, or condition of this Agreement, or if City determines there is a violation of
<br />any federal, state, or local law, ordinance, regulation, code, standard, or other requirement,
<br />City may at any time thereafter declare Owner to be in default or violation of this Agreement
<br />and make written demand upon Owner to immediately remedy the default or violation
<br />("Notice"). Owner shall substantially commence the work required to remedy the default or
<br />violation within ten (10) days of the Notice. If the default or violation constitutes an immediate
<br />threat to the public health, safety, or welfare, City will initiate action to force the cure of the
<br />default, which may lead to closure of the business until remedy is made.
<br />2.2 Insurance. Owner shall procure and maintain, and shall require its
<br />contractor to procure and maintain, during construction of the Improvements called for in this
<br />Agreement a separate policy of insurance in a form and amount acceptable to City and from an
<br />acceptable carrier to the City.
<br />2.3 Indemnity. Owner 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 />
|