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CRA. That obligation does not now and shall never constitute an indebtedness of the CRA or <br />City within the meaning of any State of Florida constitutional or statutory provision, and shall <br />not constitute or give rise to a pecuniary liability of the CRA or City or a charge against its <br />general credit or taxing power. <br />7. Before commencing construction of the Sidewalk, Developer agrees to obtain all <br />proper permits and approvals. Construction of the Sidewalk will conform, in all material <br />respects, to the approved plans and specifications (subject to any change orders approved by the <br />City, which approval shall not be unreasonably withheld). During construction, the City may <br />from time to tune conduct inspections as reasonably necessary to ensure compliance with the <br />approved plans. Developer's contract for construction of the Sidewalk will incorporate this <br />Agreement, and will recite that the CRA is a third party beneficiary. <br />8. Developer or its contractor obtained quotes for construction of the Sidewalk in <br />order to obtain the best possible price, and to obtain a performance bond, 41 a form acceptable to <br />the City, in the full amount of the construction contract. Developer and the City will be dual <br />obligees for the performance bond. <br />9. Developer agrees to maintain all records of all costs incurred and payments made <br />for the Sidewalk and records evidencing compliance with all of Developer's commitments for <br />any period of time as may be required by regulation, law or good construction practice from the <br />date of payment of the Reimbursement Amount, and will make the records available to the City <br />and the CRA, The City and CRA will have the right to review and audit the records upon 5 <br />business days' written notice to Developer. <br />10. Termination. This Agreement shall terminate when all obligations and <br />requirements under this Agreement have been completed. The parties agree to promptly enter <br />into a separate termination agreement upon satisfaction of the foregoing. <br />11. Hold Harmless Agreement/Indemnification for Construction. <br />A. In consideration of the CRA granting certain development incentives <br />pursuant to this Agreement to Developer in connection with the construction of the <br />Sidewalk, the Developer shall pay, indenmify and save harmless the CRA and the City, <br />their agents, elected and appointed officers, attorneys and employees from all suits, <br />actions, claims, demands, damages of every kind and description to which the CRA or <br />the City, or their agents, officers, attorneys or employees may be held liable by a court of <br />competent jurisdiction by reason of injury to persons or death or property damage, <br />resulting from or growing out of any negligence or willful misconduct of the Developer, <br />its agents or employees, or its contractors or subcontractors occurruig in connection with <br />the construction of the Sidewalk. Provided, however, that the indenmification provided in <br />and contemplated by this section shall not be applicable to the extent that a decision or <br />judgment of a court of competent jurisdiction holds that any injury to persons or death or <br />property damage was solely attributable to acts of negligence or fault of the City, or their <br />officers, attorneys or employees. <br />rd <br />