Redevelopment Commission Agenda & Packet - 05.22.25

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connection with the operation of the Developer Property (the “Use”). The Developer understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Use. The Developer shall further be responsible for any costs associated with the Use, including procuring, maintaining, or dumping the dumpster, and will ensure that the dumpster is placed in a location on the Commission Property that will not disrupt Commission operations. The Developer understands and agrees that it is fully responsible for the Use, and represents and warrants that the Use will not result in any hazardous materials, knowingly or unknowingly, entering any portion of the Commission Property. For purpose of this Agreement, “hazardous materials” shall mean any waste which is listed, has the characteristics of, or is otherwise identified as a hazardous waste or subject waste under applicable state or federal laws or regulations. The Developer further agrees that it may not construct or install any permanent improvement of any kind or description on the Commission Property without the Commission’s prior consent in writing. 5. Restoration. In the event the Developer (or any of the Developer’s licensees or invitees) disturbs or damages any part of the Commission Property, the Developer will promptly restore such area(s) to substantially the same condition that existed immediately prior to such disturbance or damage, to the Commission’s satisfaction. 6. Security. The Developer understands and agrees that the Commission shall not be liable for any loss, damage, destruction, or theft of any of the Developer’s personal property, or any bodily harm or injury that may result from the Developer’s use of the Commission Property. 7. Indemnification. The Developer will indemnify and hold the Commission (and its officials, boards, employees, agents, and contractors) harmless from and against any and all claims, costs, damages, and liabilities of any kind resulting from damage or injury to any person or property upon the Commission Property, the Developer’s use of the Commission Property under the License, or otherwise in connection with this Agreement. If any action is brought against the Commission (or its officials, boards, employees, agents, or contractors) in connection with the Developer’s use of the Commission Property, the Developer agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 8. Insurance. The Developer will maintain commercial general liability insurance coverage in the minimum amount of at least One Million Dollars ($1,000,000.00) per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, the Developer will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The Commission reserves for itself the free use of the Commission Property in any manner that does not substantially interfere with or obstruct the Developer’s license under this Agreement. 10. Interpretation; Governing Law. Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement will not be more strictly construed, nor will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement will be governed and construed in accordance with the laws of the State of Indiana.