RES 86421 - Laserfiche WebLink

(1,400 square feet), Diet Center (700 square foot expan- sion), TLS Services (840 square foot relocation of existing tenant). All other requirements imposed by the In-Lieu Parking Agreement shall be deemed completely satisfied upon Hopyard's delivery to City of approved engineering plans for the Parking Facility, and execution by Hopyard of an Im- provement Agreement, together with a bond, letter of credit, or other equivalent security instrument satisfactory to the City Attorney, providing for construction of the Parking Facility. b. Execution by Hopyard of an Improvement Agreement, together with a bond, letter of credit, or other equivalent security instrument satisfactory to the City Attorney, providing for the construction of the Parking Facility, together with commencement of construction of the Parking Facility, shall constitute satisfaction of the requirement of Condition No. 19 of PUD-85-10. Construction of the Parking Facility shall commence prior to occupancy of the improvements to be constructed on the Development Parcel pursuant to PUD-85-10. 6. Maintenance. Once constructed, the Parking Facility shall be the property of the City. City shall be responsible to maintain the Parking Facility and the drain- age canal floodway, culverts and other structural elements of the Parking Facility. Hopyard shall be responsible for maintenance of the parking surface area of the Parking Facility, including repairs to paving, lighting as needed, and landscape maintenance. Hopyard shall be responsible only for those repairs to the Parking Facility made neces- sary by design defects, unsafe construction, or abuse or overloading of the Parking Facility by Hopyard. 7. Indemnification. Hopyard shall protect, defend, indemnify and hold City harmless against any and all liabilities or claims for bodily injury or property damage arising out of Hopyard's negligence, including negligence in maintenance as defined in Paragraph 6 herein, in its use of the Parking Facility or easements of access to the Parking Facility. City shall protect, defend, indemnify and hold Hopyard harmless against any and all liabilities or claims for bodily injury or property damage arising out of City's negligence in connection with its use of the Parking Facil- ity or the easements of access to the Parking Facility. 8. Insurance. Hopyard and City each shall maintain and pay the premiums for policies of public liabil- ity insurance, or shall establish programs of self-funded liability reserves, which afford coverage for death, bodily injury, or damage to property arising from activities K559-26-A/08Sep86/a