99-146 Ordinance - Laserfiche WebLink

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? caused by any defect in Cypress Avenue or occasioned by the failure of North Ridgeville to properly maintain or repair Cypress Avenue, the necessary signalization or traffic control devices or signs involving Cypress Avenue, or the necessary lighting for Cypress Avenue. North Ridgeville waives all claims and demands on its behalf against North Olmsted for any loss, damage or injury and agrees to indemnify and hold North Olmsted entirely free and hazmless from all liability for any loss, damage, costs, or injury of other persons, and from all costs and expenses (including attorneys' fees) arising from any claims or demands of other persons concerning any loss, damage, or injury, caused other than by the negligent or intentional act or omission of North Olmsted or any of its representatives, agents, employees or elected officials. (b) North Ridgeville shall indemnify and hold North Olmsted harmless from all claims, expense (including attorneys' fees), loss and liability arising from: (i) any breach by North Ridgeville of its duties and responsibilities set forth in this Agreement; (ii) obligations and liabilities of North Olmsted involving Cypress Avenue not specifically assumed herein by North Olmsted; or (ui) any citizens' or taxpayers' suits imposed or brought against North Olmsted which involve Cypress Avenue and/or this Agreement. (c) North Ridgeville shall procure, keep and maintain comprehensive general liability insurance (including base insurance and any umbrella coverage) in such a manner so as to cover all of its obligations set forth under this Agreement, with the City of North Olmsted, Ohio, its elected and appointed officials and employees named as addidonal insureds. The liability limits for the required coverages shall be at least Three Million Dollars ($3,000,000). 1fie liability insurance shall remain in force until the termination of this Agreement. SECTION VI - ADDITIONAL REMEDIES IN THE EVENT OF BREACH In addition to any and all available remedies for any breach of this Agreement under the law or equity, North Olmsted shall have the following rights in the event North Ridgeville fails to fulfill any of its obligations under this Agreement or otherwise unilaterally fails to keep Cypress Avenue open for its intended purpose as a dedicated public roadway: Upon giving notice to North Ridgeville, North Olmsted may commence the performance of any maintenance or repairs to Cypress Avenue and any of its nacessary signalization, traffic signals, traffic control devices, lighting or signs as determined to be necessary by the Director of Public Service for North Olmstsd, in his reasonable discretion based upon the same standards as he applies for similar streets in North Olmsted. The reasonable cost and expense of such maintenance or repair shall be billed by North Olmsted to North Ridgeville for payment in full. North Olmsted shall have the right to close off or obstruct traffic on Cypress Avenue in a Page -3- r...?,?? i