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connection therewith. Any excavation and installation shall be at the sole cost, liability and
<br /> expense of Developer and its agents, employees and independent contractors and shall conform
<br /> to the drawings approved in conjunction with the issuance by the City of the building permit for the
<br /> Project. The Tie-Back Anchor System and all other installations made by Developer in the Tie-
<br /> back License Area in connection with the Project shall 1) have all tension removed (in compliance
<br /> with Section 4 below) prior to the issuance of a Certificate of Occupancy; and 2) be safely
<br /> removable by the Developer after completion of the Project without affecting or compromising the
<br /> Project in the event that City (or other third-party)decide to improve or change the use of the Tie-
<br /> back Parcels at some future date.
<br /> a Indemnification; Hold Harmless. Developer shall indemnify, defend and hold harmless
<br /> City, its City Council, boards and commissions, officers, agents and employees, from and against
<br /> any and all losses, damages, liability, claims, suits,judgments, costs and expenses, whatsoever,
<br /> including reasonable attorneys' fees, arising from or in any manner connected to: (i) alterations
<br /> and improvements in the Tie-back License Area and adjacent Development Property, including
<br /> but not limited to, all excavation, tie-back installation, tie-back removal and related activities
<br /> performed by Developer, its agents, employees and independent contractors; (ii)the condition and
<br /> use of the Tie-back License Area; (Hi)the construction of the Project; (iv) City's reliance on the "as-
<br /> built" drawings furnished by Developer for the Project; and (v) any negligent or willful acts or
<br /> omissions of Developer, its agents, employees, independent contractors and invitees, whether
<br /> such acts or omissions occur in the Tie-back License Area or outside the Tie-back License Area,
<br /> including, but not limited to, acts or omissions on the adjacent Development Property. This
<br /> indemnity obligation shall survive termination of this Agreement.
<br /> 4. Removal and Ownership of Tie-backs. Before the issuance of a Certificate of
<br /> Occupancy, Developer shall remove all soldier beams to a depth of five (5)feet below the existing
<br /> surface grade of the Tie-back License Area, including all appurtenant shoring materials located
<br /> within the five (5) foot area. (Note: With the exception of the Tie-Rods, the rest of the shoring
<br /> system is located within Developer's private property.) Developer shall de-tension all tie-back rods
<br /> to a minimum depth of fifteen (15) feet below the existing surface grade of the Tie-back License
<br /> Area. Developer shall submit a letter of certification, stamped and signed by a Structural Engineer
<br /> certifying that the Tie-Back Anchor System has been de-tensioned. With the exception of these
<br /> requirements, Developer shall not be obligated to remove the Tie-Back Anchor System or any
<br /> other materials installed in the Tie-back License Area pursuant to this Agreement. However, once
<br /> the tie-backs have been de-tensioned, if the City undertakes a project located in the Tie-back
<br /> License Area, Developer agrees to remove, at Developer's sole cost and expense, all portions of
<br /> the Tie-Back Anchor System and underpinnings or any other related materials installed in the Tie-
<br /> back License Area to the extent deemed necessary by the City. Such removal shall occur in a
<br /> time frame that allows the City project to proceed as scheduled, provided that the City shall
<br /> provide Developer with sufficient notice of the need for such removal. This obligation shall service
<br /> termination of this Agreement.
<br /> 5. Access to Install Tie-backs. Developer shall not interfere with the public's use of the
<br /> surface of the Tie-back License Area without first obtaining all necessary licenses, permits, and
<br /> entitlements as required by applicable federal, state, and local law, including a "Use of Public
<br /> Property" permit issued by the City. Developer hereby warrants that its agents, employees and
<br /> independent contractors shall limit their entry upon the Tie-back License Area to those instances
<br /> where the activities requiring entry may not reasonably be performed exclusively on the
<br /> Development Property. Developer further warrants that at no time shall the activities contemplated
<br /> under this Agreement impair normal ingress or egress to the surface of the Tie-back License Area.
<br /> 6. Protection of Lateral and Subjacent Support. In connection with the construction of
<br /> the Tie-Back Anchor System, Developer or its designees shall undertake all measures necessary
<br /> to prevent loss of lateral and/or subjacent support to the Tie-back License Area or Tie Back
<br /> Parcels. Grantee covenants (i) that it will not carry out the installation of any improvements, or
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