03-10-2004 Council Agenda - Laserfiche WebLink

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Hamel Estates Development Contract Contract 1. The Developer shall cause to be constructed, at its cost, the Required Improvements according to City standards. All of the Required Improvements shall be approved by the City and shall be consistent with approved Plat, the Grading Drainage and Erosion Control Plan, and the Development Utility Plan. A copy of the subdivision plat is attached hereto and incorporated herein as Exhibit A. 2. The Developer shall have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from Plat approval and development. The Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions of the Developer, or their agents or contractors. Until all of Developer's obligations under this contract are fulfilled, the Developer shall provide and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise. Limits for bodily injury or death shall not be less than $1,000,000 for one person and $1,000,000 for each occurrence. Limits for property damage shall not be less than $1,000,000 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the commencement of the Required Improvements. The insurance policy obtained by the Developer is subject to City approval. In the event that the City is held liable to a third party by a court of competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover the City, the Developer shall be liable under this Contract for any and all costs incurred or damages claimed against the City. 3. This Development Contract cannot be assigned or transferred. 4. Any breach of the terms of this Agreement by the Developer shall be grounds for denial of the issuance of any building permit.