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