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2025 03-18 CC Packet
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2025 03-18 CC Packet
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10/9/2025 9:23:34 AM
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10/9/2025 9:20:26 AM
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Administration
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ADM 00500
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CITY COUNCIL PACKETS
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PERMANENT
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5 <br />Developer’s obligations under this Agreement are fulfilled, the Developer shall provide <br />and maintain public liability and property damage insurance covering personal injury, <br />including death, and claims for property damage which may arise. Limits for bodily injury <br />or death shall not be less than $1,000,000 for one person and $2,000,000 for each <br />occurrence. Limits for property damage shall not be less than $2,000,000 for each <br />occurrence. The City shall be named as an additional named insured on said policy, and <br />the Developer shall file a copy of the insurance coverage with the City prior to the <br />commencement of the Required Improvements. The insurance policy obtained by the <br />Developer is subject to City approval. In the event that the City is held liable to a third <br />party by a court of competent jurisdiction for damages and the insurance obtained by <br />Developer for any reason fails to cover the City, the Developer shall be liable under this <br />Agreement for any and all costs incurred or damages claimed against the City. <br /> <br />(c) This Development Agreement cannot be assigned or transferred without <br />prior written approval of the City. <br /> <br />(d) Any breach of the terms of this Agreement by the Developer shall be <br />grounds for denial of the issuance of any building permit. <br /> <br />(e) There is no intent to benefit any third parties and third parties shall have no <br />recourse against the City under this Agreement. <br /> <br />(f) The Developer shall reimburse the City for all costs incurred by the City in <br />defense or enforcement of this Agreement due to actions or inactions of Developer <br />including court costs and reasonable engineering and attorneys’ fees. <br /> <br />(g) If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the Development <br />Agreement. <br /> <br /> (h) It is agreed that the City has the right, privilege and authority as a condition <br />precedent to the approval of the plans and specifications and approval of Final Plat, to <br />prescribe design requirements for any Improvements within the Plat. <br /> <br /> (i) The provisions of this Section relating to approval, rejection and <br />resubmission of corrected Construction Plans shall continue to apply until the Construction <br />Plans have been approved by the City. Approval of the Construction Plans by the City <br />shall not relieve the Developer of any obligation to comply with the terms and provisions <br />of this Agreement or the provisions of applicable federal, State and local laws, ordinances <br />and regulations, nor shall approval of the Construction Plans by the City be deemed to <br />constitute a waiver of any Event of Default. The Construction Plans shall be deemed <br />approved by the City unless rejected in writing within thirty (30) days after receipt from <br />the Developer by the City with a statement of the City's reasons for such rejection. <br />
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