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5 <br /> <br /> Section 3.2. Construction Plans. <br /> <br /> (a) The Developer shall cause to be constructed, at Developer's cost, the <br />Required Improvements according to City ordinances. The parties hereto acknowledge <br />and agree that the Construction Plans for the Required Improvements have been approved <br />by the City, and include the Grading Drainage and Erosion Control Plan, Landscaping Plan, <br />the Development Utility Plan, Building Plans, all of which are consistent with City <br />Resolution Number 2024-0020, approving a zoning compliance permit for the property <br />and City Resolution Number 2024-0019, approving a minor subdivision for the property, <br />and all of which have been reviewed and approved by the City Engineer. <br /> <br />(b) The Developer shall have no claim against the City and its officers and <br />employees for damages sustained or costs incurred resulting from subdivision approval and <br />development, provided that Developer does not waive any claim based on breach of this <br />Agreement or violation of applicable City ordinances. The Developer agrees to indemnify, <br />defend and hold harmless the City, its agents and employees from any claim, demand, suit, <br />action or other proceeding whatsoever by any person for any loss or damage to property or <br />any injury to or death of any person resulting from any actions of the Developer, or their <br />agents or contractors in connection with construction of the Required Improvements. Until <br />all of Developer’s obligations under this Agreement are fulfilled, the Developer shall <br />provide and maintain public liability and property damage insurance covering personal <br />injury, including death, and claims for property damage which may arise. Limits for bodily <br />injury 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.]1 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 arising out of a claim for which <br />Developer has indemnified the City hereunder and the insurance obtained by Developer <br />for any reason fails to cover the City, the Developer shall be liable under this Agreement <br />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 /> <br />1 Barnett to confirm this insurance is in place and City can be named as an additional insured ; under review with <br />insurance consultant.