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Woods of Clearwater Creek <br /> Development Agreement DRAFT August 27, 1998 <br /> 4. Incorporation by Reference All plans, special provisions, proposals, specifications, <br /> and contracts for the improvements furnished and let pursuant to this Agreement shall <br /> be and hereby are made a part of this agreement by reference as fully as if set out <br /> herein in full. <br /> L. VIOLATION OF AGREEMENT In the event that Developer violates any of the <br /> covenants and agreements contained in this Development Contract and to be performed by <br /> the Developer, the City, at its option, in addition to the rights and remedies as set out <br /> hereunder may refuse to issue building permits to any property within the plat until such <br /> time as such default has been corrected to the satisfaction of the City. <br /> M. PARK DEDICATION The Developer agrees to provide park dedication to the City in the <br /> form of a cash payment of $7,500 calculated at $750 per lot multiplied by 10 lots. <br /> N. TRAIL DEDICATION The Developer agrees to provide trail dedication to the City in the <br /> form of a cash payment of $1,500 calculated at $150 per lot multiplied by 10 lots. <br /> O. STORMWATER FEES The stormwater fee shall be paid by the Developer prior to <br /> approval of the final plat. This fee is $13,002.94, based on a charge of $0.01546 per square <br /> foot of 19.31 acres of platted area. <br /> P. LIABILITY INSURANCE REQUIREMENT The Developer shall provide to the City, <br /> at the Developer's expense, general public liability and property damage insurance <br /> including vehicle coverage protecting the City and the Developer from all claims for <br /> personal injury, including death, and all claims for construction of or damage to property, <br /> arising out of or in connection with any operations under these contract documents, <br /> whether such operations be by the Developer, its Contractor, or by any subcontractor, or <br /> anyone directly or indirectly employed by the Contractor or by a subcontractor under him. <br /> Insurance shall be written with a limit of liability of not less than $600,000 for all damages <br /> arising out of bodily injury including death, at any time resulting therefrom, sustained by <br /> any one person in any one accident; and a limit of liability of not less than $1,000,000 for <br /> any such damage sustained by two or more persons in any one accident. Insurance shall be <br /> written with a limit of liability of not less than $700, 000 for any such damage sustained by <br /> two or more persons in any one accident, and a limit of liability of not less than $600,000 <br /> for any such damage sustained by two or more persons in any one accident. The insurance <br /> policies shall accompany the contract for its execution by the Developer and the City of <br /> Centerville. The above insurance policies shall be in full force and effect during the life of <br /> this contract. The City, City Engineer and Developer's engineer shall be an additional <br /> named insured on any such policy or policies. <br /> Q. INDEMNIFICATIONAND HOLD HARMLESS. The Developer shall hold the City and <br /> its officers and employees harmless from claims made by itself and third parties for <br /> damages sustained or costs incurred resulting from subdivision plat approval and <br /> development. The Developer shall indemnify the City and its officers and employees for all <br /> costs, damages, or expenses which the City may pay or incur in consequence of such <br /> claims, including reasonable attorneys' fees. Provided that nothing herein shall require <br /> Developer to indemnify the City, its officers or employees from any violation of law or from <br /> the consequences of their own negligence. <br /> Page 8 <br />