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Res. #22-016 - Approving Land Use Documents for the Fairview Second Addition Plat
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Res. #22-016 - Approving Land Use Documents for the Fairview Second Addition Plat
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6/23/2022 9:27:19 AM
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promptly reimburse the City for any expense incurred by the City, provided the Owner, except in <br />an emergency as reasonably determined by the City, is first given written notice of the work in <br />default pursuant to the notice provisions of this Agreement, and given thirty (30) days to cure. This <br />Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court <br />order for permission to enter the Land. When the City does any such work, the City may, in <br />addition to its other remedies, assess the cost in whole or in part. <br />Where neither the City or Owner can complete a requirement of this Agreement due to <br />supply chain disruption or force majeure, such an event shall not constitute an actionable default <br />or breach under this Agreement.. The party claiming relief due to a supply chain disruption or force <br />majeure shall give notice of this intent. In such an event, the applicable deadlines provisions for <br />holding Security, and provisions to cure a default shall be extended until such time as supply chain <br />disruption or force majeure no longer exists, and thereafter for a reasonable period affording the <br />Owner time to cure the default and the City to secure its remedies under this Agreement. <br />24. INSURANCE. Owner shall take out and maintain or cause to be taken out and <br />maintained until six (6) months after the City has accepted the Public Improvements, public <br />liability and property damage insurance covering personal injury, including death, and claims for <br />property damage which may arise out of Owner's work or the work of its subcontractors or by one <br />directly or indirectly employed by any of them. Limits for bodily injury and death shall be not <br />less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage <br />shall be not less than $200,000.00 for each occurrence; or a combination single limit policy of <br />$1,000,000 or more. The City shall be named as an additional insured onthe policy, and the Owner <br />shall file with the City a certificate evidencing coverage prior to the City approving this <br />Development Agreement. The certificate shall provide that the City must be given ten (10) days <br />DEVELOPMENT & SUBDIVISION AGREEMENT <br />CENTERVILLE AND AMAZON.COM <br />Draft Version 06/202/2022 v2 Page 15 <br />
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