Res 2012-011 - Laserfiche WebLink

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D. The Developer shall indemnify and bold the City and County harmless from any and all injuries to or claims of adjacent property owners resulting from or relating to Installation and construction of the Improvements under this Agreement E. The Developer assumes full responsibility for the work to be performed hereunder, and releases, relinquishes and discharges the City and the County, their officers, agents and employees, from all claims, demands, and causes of action of every kind and character, including the cost of defense therefore, for any injury to or death of any persons and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the work to be performed hereunder. This release shall apply whether or not said claims, demands, and causes or action are covered in whole or in part by insurance. 11. Responsibility for Contractor; Compliance with Laws. A. The Developer shall be solely responsible for, supervising, and, subject to any required approvals of the Parties, paying the construction contractor or subcontractors and for complying with all applicable laws, including but not limited to all requirements concerning workers compensation and construction retainage. B. The Parties to this Agreement agree and understand that all employees, volunteers, personnel and materials furnished or used in connection with the installation of the Improvements under this Agreement are not employees or agents of the City or the County for any purpose. 12. Applicable Laws. The Developer shall be solely responsible for complying with all applicable laws in constructing the Improvements. The Developer is subject to any applicable ordinances, standards and fees of the City and this Agreement shall not be constiued as waiving any such requirements. 13. Entire Agreement; Assignment. This Agreement constitutes the entire agreement between the parties hereto and may be amended only by a written document signed by the Parties. This Agreement shall be binding upon the successors and permitted assigns of the Parties. Developer may not assign this Agreement without the written consent of the City and the County, which consent may not be unreasonably withheld. 14. Notice. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager City of San Marcos 630 E. Hopkins San Marcos, TX 78666 Fax: (512) 396 -4656 To the County: Jerry H. Borcherding, P.E. 100 San Antonio Road San Marcos, TX 78666 Fax: (512) 393 -7393 To the Developer: Randall Morris Cottonwood Creek JDR, Ltd. 333 Cheatham St. San Marcos, TX 78666 Fax: 512- 353 -1791 4