Item #10 Tract 16322 - Laserfiche WebLink

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notices of such extension. The making of an application for an extension of time by the Subdivider/Developer shall, upon the granting of the application by the City, constitute a waiver by the Subdivider/Developer and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City within the period of four years immediately following the date to which the time of performance was extended. The Subdivider/Developer further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Colton Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work. and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider/Developer promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all. of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains; said maintenance shall also include, but not be limited to by this enumeration, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider/Developer's responsibility to initiate this work, but if he should fail to do so, he shall promptly perform such maintenance when notified to do so by the City Engineer or his designee of the City. Upon failure of the Subdivider/Developer to properly maintain, the City may do all necessary work required by this paragraph, the cost hereof being chargeable to the Subdivider/Developer and his surety under this agreement. The Subdivider/Developer and his surety further agree under this agreement to hold the City and its officers and employees free and harmless from any claim, demand or action for damages,injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. The Subdivider/Developer shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon completion and acceptance of the improvements by the City of Colton the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Colton.