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2018 05-15 CC PACKET
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2018 05-15 CC PACKET
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2/25/2026 4:00:57 PM
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1/7/2026 4:05:24 PM
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Administration
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adm 00500
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AGENDA PACKETS
Destruction
PERMANENT
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trails/sidewalks & utilities) that were installed by the. Developer identified in Part B of Article IV <br />lying within the public right-of-way or easements, the fallowing insurance: <br />(a) Builder's risk insurance, written on the so-called "Builder's Risk - <br />Completed Value. Basis," in an amount equal to one hundred percent (100%) of the <br />insurable value of the Improvements at the date of completion, and with coverage <br />available in nonreporting form on the so called "all risk" form of policy; and <br />The policies of insurance required pursuant to clauses (a) and (b) above shall be in farm and. <br />content satisfactory to the City and shall be placed with financially sound and. reputable insurers <br />licensed to transact business in the State. The policies of insurance shall name the City as an <br />additional insured on the policy, and the Developer or all its subcontractors shall file with the City <br />a certificate evidencing coverage prior to any construction by the Developer or its subcontractors. <br />The certificate shall contain an agreement of the insurer to give not. less than thirty (30) days <br />advance written notice to the City and the Developer in the event of cancellation of such. policy or <br />change affecting the coverage thereunder. The certificate may not contain. any disclaimer far <br />failure to give the required notice. <br />ARTICLE XIV <br />Events of Default <br />Section 14.1. Events of Default Defined. The term. "Event of Default" shall mean, <br />^ whenever it.is used in this Agreement (unless the context.otherwise provides), any failure by the <br />Developer to substantially observe or perform any material covenant, condition, obligation or <br />agreement on its part to be observed or performed under this Agreement. <br />Section 14.2. Remedies on Default. Whenever any Event ofDefault referred to: in this <br />Agreement occurs, the City may take any one or more of the following actions after provision of <br />thirty (30) days' written notice to the Developer by the City of the Event of Default, but only if the <br />Event of Default has not been cured within said thirty (30) days or, if the Event of Default cannot <br />be cured within thirty (34) days, the. Developer does not provide assurances to the City reasonably <br />satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: <br />(a) Withhold the Certificate of Completion. <br />(b) Refuse to issue building permits to any property within the plat until such <br />time as such default has been inspected and corrected to the satisfaction of the City. <br />(c) Perform. the. work of the Developer and the Developer shall promptly <br />reimburse the City for any expense incurred by the. City within thirty (30) days. Failure <br />to do so shall result in. the City withholding any cash deposit, certified check, letter of <br />credit, or any other form of Performance Guarantee of the Developer. <br />1.9 <br />
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