Common use of Drainage Design Clause in Contracts

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the Subdivision. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation.

Drainage Design. 4.8.1 The Developer shall provide a drainage system which will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionSite Plan. The Developer shall also provide to the City the formal written opinion of a certified and licensed professional engineer certifying, as a professional engineer, that he has reviewed the entire watershed within which the subdivision Site Plan is located and that upon full development at the greatest allowable use density, under existing zoning of all land within the watershed, the Subdivision Site Plan will not increase, alter or affect the flow of surface waters, nor contribute to same, so as to damage, flood or adversely affect any property, either upstream or downstream of the SubdivisionSite Plan. Further, the Developer agrees to hold harmless and to defend the City and the City Engineer from any claim, cause of action or liability, alleged and/or proven, to have arisen directly or indirectly from alteration affecting the surface water by reason of the Developer’s design, construction, installation or the development itself, in whole or part. The aforesaid indemnity agreement includes, without limitation, the reasonable expenses of the City incurred in defending itself against any matter covered by such indemnity agreement, including attorney fees and expenses of litigation.