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<br /> <br />covering any public liability or property damage by reason of the operation of its equipment, <br />laborers, and hazard caused by the Improvements, and include at least the following: <br />a) Comprehensive general liability insurance (including operations, contingent liability, <br />operations of subcontractors, competed operations and contractual liability insurance) <br />together with any Agreement or Policy with limits against bodily injury, including <br />death, and property damage (to include, but not be limited to damages caused by <br />erosion or flooding) which may arise out of Developer’ s work or the work of any of <br />its contractors. The exclusion for underground collapse shall be removed. <br /> <br />b) Limits for bodily injury or death shall be not less than $1,000,000.00 for one person <br />per occurrence; limits for property damage shall not be less than $1,000,000.00 per <br />occurrence; and will maintain a minimum $2,000,000.00 umbrella. <br />c) Worker’ s compensation insurance, with statutory coverage, if applicable. <br />d) Developer shall file a Certificate of Insurance with the City Engineer prior to <br />commencing site grading. Developer shall be responsible for insuring that the <br />Certificate bear the following wording: <br /> <br />Should any of the above policies be canceled or terminated before the expiration <br />date thereof, the issuing company shall give thirty (30) days’ written notice of <br />cancellation or termination to the Certificate Holder. <br /> <br />5.03 Real Estate Taxes. The Developer shall pay all real estate taxes associated with the <br />Property and owed for the year in which the Project is constructed at the times required, and the <br />Developer shall provide proof to the City of such payment. If the Developer is required to convey <br />any property to the City after July 1 of any calendar year, it shall be solely responsible for all real <br />estate taxes owed on said Property through the following calendar year. <br />ARTICLE SIX <br />BREACH AND REMEDIES <br />6.01 Default by Developer. In the event of a breach of this Agreement by the Developer, the <br />City may pursue any remedy at law or equity to enforce the terms of this Agreement. In the event <br />of a breach of this Agreement as to any of the work to be performed hereunder by the Developer, <br />its successors or assigns, the City may, at its option, perform the work and the Developer shall <br />promptly reimburse the City for any expense incurred by the City, provided the Developer is first <br />given written notice of the breach of this Agreement, not less than 72 hours in advance and the <br />opportunity to cure such breach. In the event of an uncured breach of this Agreement, the City is <br />granted the right to declare any sums provided by this Agreement due and payable in full, and the <br />City may immediately bring legal action against the Developer to collect the sums covered by this <br />Agreement and/or draw upon the Construction Escrow described in Article Four of this <br />11 <br />22485\\13\\2777004.v3 <br /> <br />