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07-12-21-R
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07-12-21-R
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7/13/2021 12:53:55 PM
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<br />187184v1 16 <br />and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each <br />occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an <br />additional insured on the policies, and the Developer shall file with the City a certificate evidencing <br />coverage prior to the City signing the plat or issuing any permits. The certificate shall provide that the City <br />must be given advance written notice of the cancellation of the insurance. <br /> J. If building permits are issued prior to the acceptance of public improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of public improvements and <br />damage to public improvements caused by the City, Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one <br />may occupy a building for which a building permit is issued on either a temporary or permanent basis until <br />the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are <br />accepted by the City Engineer in writing. <br /> K. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, available to <br />City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein <br />set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. <br /> L. The Developer will pay in full all invoices submitted to it by the City within sixty <br />(60) days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and <br />supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the <br />invoices are not paid on time, the City may halt all development work until the invoices are paid in full. <br />Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest <br />charge.
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