2017/03/29 Council Agenda Packet

(2) Following the approval of the Division 9 Binding Site Plan, Owner will construct a detention pond facility on Tract 999 of Division 9 to serve Lot 1, Lot 2 and Transfer Lot 3, and will provide the necessary pipes for connecting the stormwater drainage from Transfer Lot 3 following the construction of Tract 999, at Owner's expense. This detention pond facility must be connected to the Merrill &Ring Creek drainage basin. Unless determined otherwise by the City this drainage facility will be built, owned, operated and maintained by Owner or the Association at its expense. (3) This Section 1.9(c)will survive the respective Closing Dates and will be fully enforceable by the parties after such Closing Dates,including for the purpose of clarity, Owner's successors and assigns. 1.10 Landscaping. The City agrees that the.landscaping to be cultivated,maintained, or replaced by the City on the slopes of each of the Transfer Lots shall be consistent with the City's applicable law, ordinances,and requirements. 1.11 Indemnification. (a) Indemnification by Owner. Other than as provided in Section 1.5, Owner shall be responsible to the City for, and shall defend, indemnify,and hold the City harmless from and against, loss, damage, liability, cost, or expense(including,without limitation, reasonable attorneys' fees, legal expenses and consultants' fees),that shall be suffered by the City,resulting from or relating to: (1) Claims or demands made by third parties against the City with regard to the ownership, management, or use of the Transfer Lots prior to and including the applicable Closing Date, including,without limitation, any claims 17 131047136.14 A A