HomeMy WebLinkAboutSW PROSPECT & I-25 - ROADWAY PROJECT - RP180001 - SUBMITTAL DOCUMENTS - ROUND 1 - (8)REPAIR GUARANTEE:
In consideration of the approval of this Right-of-Way Dedication and other valuable
consideration, the Owner does hereby agree to hold the City harmless for a five (5) year
period, commencing upon the date of completion and first acceptance by the City of the
improvements to be constructed in connection with the development which is the subject of
this Dedication, from any and all claims, damages, or demands arising on account of the
design and construction of public improvements of the property shown herein; and the Owner
furthermore commits to make necessary repairs to said public improvements, to include,
without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub-drains,
culverts, walls and bridges within the right-of-way, Easements and other public properties,
resulting from failures caused by design and/or construction defects. This agreement to hold
the City harmless includes defects in materials and workmanship, as well as defects caused
by or consisting of settling trenches, fills or excavations.
Further, the Owner warrants that he/she owns fee simple title to the property shown hereon
and agrees that the City shall not be liable to the Owner or his/her successors in interest
during the warranty period, for any claim of damages resulting from negligence in exercising
engineering techniques and due caution in the construction of cross drains, drives, structures
or buildings, the changing of courses of streams and rivers, flooding from natural creeks and
rivers, and any other matter whatsoever on private property. Any and all monetary liability
occurring under this paragraph shall be the liability of the Owner. I further warrant that I
have the right to convey said land according to Exhibit A.