Laserfiche WebLink
agents and employees from any claim, demand, suit,.action or other proceeding whatsoever <br />by any person for any loss or damage to. property or any injury to or death of any person <br />resulting from arty actions of the Developer, or their agents or. contractors. Until all of <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 />(c) This Development Agreement cannot be assigned or transferred without <br />prior written approval of the City, <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 />(e) There is no intent to benefit any third parties and third parties shall have n.o. <br />recourse against the City under this Agreement. <br />(#) 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 />(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 />(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 />(i) The provisions of this Section relating to approval, rejection and <br />resubmission of corrected Construction Plans shall continue to applyuntil.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 Coinstruction Plans by the City be deemed to <br />constitute. a waiver of any Event of Default. The. Construction Plans shall be deemed <br />5 <br />