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1 person and $1,500,000.00 per occurrence. Limits for property damages shall be not less than
<br />2 $500,000 for each occurrence. The City shall be named as an additional insured on the general
<br />3 liability policy. The Developer shall provide the City with a renewal certificate of insurance at least
<br />4 30 days prior to the expiration date of any policy required hereunder.
<br />5 R. All Costs Responsibility of Developer. The Developer shall pay all costs incurred by it and the
<br />6 City in conjunction with this Agreement, the approval of the Plat, the development of the Property,
<br />7 and the construction of the improvements required by this Agreement, including but not limited to,
<br />8 all costs of persons doing work or furnishing skills, tools, machinery and materials; insurance
<br />9 premiums; Letter of Credit fees; legal, planning and engineering fees; the preparation and recarding
<br />10 of this Agreement and all easements and other documents relating to the Plat and the Property; and
<br />11 all costs incurred pertaining to the inspection and monitoring of the work performed and
<br />12 improvements constructed on the Property. The City shall not be obligated to pay the Developer or
<br />13 any of its agents or contactors for any costs incurred in connection with the construction of the
<br />14 improvements or the development of the Property. The Developer agrees to defend, indemnify, and
<br />15 hold the City and its mayor, councilmembers, employees, agents and contractors harmless from any
<br />16 and all claims of whatever kind of nature which may arise as a result of the construction of the
<br />17 improvements, the development of the Property or the acts of the Developer, and its employees,
<br />18 agents or contractors in relationship thereto.
<br />19 1. The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers
<br />20 and employees harmless from claims made by itself and third parties for damages
<br />21 sustained or costs incurred resulting from Plat approval, development of the Property,
<br />22 construction of the improvements or other work performed on the Property. The
<br />23 Developer shall defend, indemnify, and hold the City and its officers and employees
<br />24 harmless for all costs, damages or expenses which the City may pay or incur in
<br />25 consequence of such claims, including attorney's fees.
<br />26 2. The Developer shall pay, or cause to be paid when due, and in any event before any
<br />27 penalty is attached, all charges, costs and fees referred to in this Agreement. This is a
<br />28 personal obligation of the Developer and shall continue in full force and effect even if the
<br />29 Developer sells one or more lots, all of the Property, or any part of it.
<br />30 3. The Developer shall pay in full all bills submitted to it by the City for obligations
<br />31 incurred under this Agreement within thirty (30) days after receipt. If the bills are not
<br />32 paid on time, the City may, in addition to all other rights and remedies the City may have,
<br />33 halt Plat development and construction work including, but not limited to, the issuance of
<br />34 building permits for lots which the Developer may or may not have sold, until the bills
<br />35 are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of
<br />36 ten percent (10%) per year, or the maximum amount allowed by law, whichever is less.
<br />37 4. The Developer shall reimburse the City for all costs incurred in the enforcement of this
<br />38 Agreement, including all attorney and engineering fees.
<br />39 5. In addition to the charges referred to herein, other charges may be imposed such as, but
<br />4o not limited to, sewer availability charges ("SAC"), City water connection charges, City
<br />41 sewer connection charges, City storm water connection charges and building permit fees.
<br />42 The Developer shall pay all such other charges and fees upon being billed by the City.
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