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expense of Owner, and Owner's surety shall be liable to City for any damages and/or
<br />reasonable and documented excess costs occasioned by City thereby; and, in such
<br />event, City, without liability for so doing, may take possession of, and utilize in
<br />completing the work, such materials, appliances, plant and other property belonging to
<br />Owner as may be on the site of the work and necessary therefor.
<br />10. Use of Public Improvements. At all times prior to City's final acceptance of the
<br />Public Improvements, the use of any or all streets or other Public Improvements shall be
<br />at the sole and exclusive risk of Owner. City's issuance of any building or occupancy
<br />permit for structures located on the Property shall not be construed in any manner to
<br />constitute a partial or final acceptance or approval of any or all such improvements by
<br />City. Owner agrees that City's Building Official may withhold the issuance of building or
<br />occupancy permits when the work or its progress may substantially and/or detrimentally
<br />affect public health and safety. Any and all damages resulting from the prosecution of
<br />work shall be repaired by Owner at Owner's expense.
<br />11. Patent and Copyright Costs. If the Plans require the use of any material,
<br />process or publication that is subject to a duly registered patent or copyright, Owner
<br />shall be liable for, and shall indemnify City from and against any and all fees, costs or
<br />litigation expenses, including without limitation attorneys' fees and court costs, which
<br />may result from the use of such patented or copyrighted material, process or
<br />publication.
<br />12. Safety Devices. Throughout the construction of the applicable Lot 1 or Lot 2
<br />Improvements, Owner shall provide and maintain such guards, watchmen, fences,
<br />barriers, regulatory signs, warning lights, and other safety devices adjacent to and on,
<br />as applicable Lot 1 or Lot 2 as may be necessary to prevent accidents and property
<br />damage. Owner shall furnish, place, and maintain such lights as may be necessary for
<br />illuminating the fences, barriers, signs, and other safety devices. Upon completion of
<br />the applicable Lot 1 or Lot 2 Improvements, Owner shall remove all fences, -barriers,
<br />regulatory signs, warning lights, and other safety devices (except such safety items as
<br />may be shown on the Plans and included in the items of work).
<br />13. Location of Construction Yard. Owner agrees to locate any construction yard for
<br />the storage of equipment, vehicles, supplies and materials, or the preparation or
<br />fabrication thereof, to be used in connection with the installation of the Improvements or
<br />the construction of buildings on the Property, in such a manner so as to cause a minimum
<br />of inconvenience to persons living in the areas immediately adjacent to the Property,
<br />including installation of appropriate fencing and screening. Owner shall obtain the
<br />approval of the City Engineer as to the proposed location and standards of maintenance
<br />of the yard. Immediately upon completion of the Improvements, Owner will cease using
<br />the construction yard, clear the site and restore it to its original condition, and will remove
<br />therefrom all supplies, materials, equipment, and vehicles stored or kept thereon. Owner
<br />agrees not to use the construction yard in connection with the installation or construction
<br />of improvements or buildings located on property other than the property described in
<br />Vesting Tentative Map #8010 dated December 22, 2008. City may extend the time
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