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Developer will be responsible for the removal of silt from the underground storm sewer <br />system onsite. Developer shall apply for, prior to start of construction, a TCEQ <br />construction permit from the TCEQ and shall provide this Notice of Intent (NOI) and a <br />copy of the Storm Water Pollution Prevention Plan (SWPPP) to the City. Developer shall <br />be solely responsible for insuring compliance with all TCEQ regulations for erosion <br />control and storm water management associated with the underground storm sewer <br />system within the development site. <br />4. Indemnity. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY <br />INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND <br />EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR <br />LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF <br />WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT <br />LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER <br />CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE <br />NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, <br />SERVANTS, CONTRACTORS, OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION <br />OR INSTALLATION OF THE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR <br />DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS <br />AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE <br />DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE IMPROVEMENTS <br />THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, <br />SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. <br />THERE IS NO JOINT ENTERPRISE BETWEEN CITY AND DEVELOPER. <br />5. Miscellaneous. <br />A. Authority to execute contract. The undersigned officers and/or agents of the parties <br />hereto are the properly authorized officials and have the necessary authority to execute <br />this Agreement on behalf of the parties hereto, and each party hereby certifies to the <br />other that any necessary resolutions or other act extending such authority have been <br />duly passed and are now in full force and effect. <br />B. Notice. Where the terms of this Agreement require that notice in writing be provided, <br />such notice shall be deemed delivered three (3) days following the deposit of the notice <br />in the United States mail, postage prepaid, and sent by certified mail, return receipt <br />requested and properly addressed as follows: <br />To City: To Developer: <br />Attn: John Godwin Attn: Ron Parker <br />City Manager Principal <br />City of Paris Paris Lakes Medical Center, LLC <br />P. O. Box 9037 2675 SE Loop 286 & 41" St. SE <br />Paris, TX 75461-9037 Paris, TX 75462 <br />C. Assignment. This Agreement is not assignable without the prior written consent of City. <br />Page 5 of 11 <br />