DEVELOPMENT STANDARDS SECTION 2 – SEWER STANDARDS 16 City shall be that of the Developer. Any such repairs or replacement shall be done by the City. The cost shall be paid by the Developer, as computed by the City. The Developer shall deposit with the City either cash or a performance bond with a surety acceptable to the City in the sum of 10 percent of construction costs. In the event the Developer fails or neglects to pay the costs of any such repairs or replacements during the twelve month period, the costs may be assessed against the surety bond. After the Developer’s responsibility for repair or replacement has terminated, any balance of the cash deposit will be refunded to the Developer. b. Twelve months after the acceptance of the infrastructure, the responsibility for the repair and replacement of that portion of the system conveyed by the Developer to the City shall become the responsibility of the City. 13. CITY RULES AND REGULATIONS: The Developer, his successors and assigns shall be subject to existing or as amended ordinances, rules and regulations of the City at the time of development. 14. BINDING AGREEMENT: The terms, conditions and covenant hereof shall extend to and be binding upon the heirs, successors, and assigns of the parties to this agreement. 15. INDEMNIFICATION: The permittee shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney fees, arising from injury or death to persons or damage to any other cause related to the improvement for which this agreement is granted. With respect to this agreement and to claims against the City, its officers, agents and employees, the permittee expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to any employee the permittee may have, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the developer. This waiver has been mutually negotiated by the parties as part of the agreement process and is given, as is the indemnification agreement contained within this paragraph, as consideration for the City allowing development. This paragraph shall not apply to any damage or injury resulting from the sole negligence of the City, its agents or employees. The extent any of the damages or injuries referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the developer, its officers, agents or employees, if any. 16. ADDITIONAL COVENANTS AND TERMS: (if any) IN WITNESS WHEREOF the parties have caused this instrument to be executed the day and year first written. ________________________ Developer ________________________ Developer CITY OF ELLENSBURG ______________________________ Public Works Director or City Engineer
