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1 be less than $1,000,000 for one person and $1,500,000 per occurrence. Limits for property damages
<br />2 shall be not less than $500,000 for each occurrence. The City shall be included as an additional
<br />3 insured on general liability and property damage policies. The Developer shall provide the City with
<br />4 a renewal certificate of insurance at least 30 days prior to the expiration date of any policy required
<br />5 hereunder.
<br />6 S. All Costs Responsibility of Developer. The Developer shall pay all costs incurred by it and the
<br />7 City in conjunction with this Agreement, the development of the Property, and the construction of
<br />8 the improvements required by this Agreement, including but not limited to, all costs of persons
<br />9 doing work or furnishing skills, tools, machinery and materials; insurance premiums; Letter of
<br />10 Credit fees and bond premiums; legal, planning and engineering fees; the preparation and recording
<br />11 of this Agreement and all easements and other documents relating to the Property; and all costs
<br />12 incurred pertaining to the inspection and monitoring of the work performed and improvements
<br />13 constructed on the Property. The City shall not be obligated to pay the Developer or any of its
<br />14 agents or contractors for any costs incurred in connection with the construction of the improvements
<br />15 or the development of the Property. The Developer agrees to defend, indemnify, and hold the City
<br />16 and its mayor, councilmembers, employees, agents and contractors harmless from any and all claims
<br />17 of whatever kind or nature which may arise as a result of the construction of the improvements, the
<br />18 development of the Property or the acts of the Developer, and its employees, agents or contractors in
<br />19 connection thereto.
<br />20 1. The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers
<br />21 and employees harmless from claims made by itself and third parties for damages
<br />22 sustained or costs incurred resulting from plan approval, development of the Property,
<br />23 construction of the improvements or other work performed on the Property. The
<br />24 Developer shall defend, indemnify, and hold the City and its mayor, councilmembers and
<br />25 employees harmless for all costs, damages or expenses which the City may pay or incur
<br />26 in consequence of such claims, including attorney’s fees.
<br />27 2. The Developer shall pay, or cause to be paid when due, and in any event before any
<br />28 penalty is attached, all charges, costs and fees referred to in this Agreement. This is a
<br />29 personal obligation of the Developer and shall continue in full force and effect even if the
<br />30 Developer sells one or more lots, all of the Property, or any part of it.
<br />31 3. The Developer shall pay in full all bills submitted to it by the City for obligations
<br />32 incurred under this Agreement within thirty (30) days after receipt. If the bills are not
<br />33 paid on time, the City may, in addition to all other rights and remedies the City may have,
<br />34 halt development and construction work on the Property including, but not limited to, the
<br />35 issuance of building permits for lots which the Developer may or may not have sold, until
<br />36 the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the
<br />37 rate of ten percent (10%) per year, or the maximum amount allowed by law, whichever is
<br />38 less.
<br />39 4. The Developer shall reimburse the City for all costs incurred in the enforcement of this
<br />40 Agreement, including all attorney and engineering fees.
<br />41 5. In addition to the charges referred to herein, other charges may be imposed such as, but
<br />42 not limited to, sewer availability charges (“SAC”), City water connection charges, City
<br />43 sewer connection charges, City storm water connection charges and building permit fees.
<br />44 The Developer shall pay all such other charges and fees upon being billed by the City.
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