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Saddle Club Second Addition <br />Development Agreement <br />April 2016 <br />b. OId Birch Street. <br />i. Developer shall mill and overlay the east -west portion of OId Birch Street. <br />Developer's plans and specifications must be approved by the City prior <br />to Developer's use of the Street. <br />ii. Developer shall pay the City for the City's cost of creating a cul-de-sac at <br />the northern terminus of Old Birch Street. This payment is in lieu of <br />paying for the installation of a new turn lane from Birch Street to Old <br />Birch Street. <br />c. Trunk Fees. Upon completion of Fox Road and the related utilities, Developer <br />shall be credited $90,000.00 for the sanity sewer trunk charge and $25,000.00 <br />for the water trunk charge. If Fox Road and the associated sanitary sewer and <br />water utilities are not completed within the timeline set forth in subparagraph <br />19(a)(iii), Developer forfeits the aforementioned trunk charge credits. <br />20. Hours of Construction Activity. <br />All construction activity shall be limited to the hours as follows: <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed. <br />1. Insurance. Insurance. Developer or its general contractor shall take out and maintain <br />until one year after the City accepted the Developer Improvements, Commercial <br />General Liability, Automobile Liability and Employers Liability Insurance. Limits for <br />Commercial General Liability shall be not less than One Million and no/100 <br />($1,000,000.00) Dollars per occurrence and Two Million and no/100 ($2,000,000.00) <br />Dollars in aggregate. Limits for Automobile Liability shall be not Tess than One Million <br />and no/100 ($1,000,000.00) Dollars for each occurrence. Limits for Liability Insurance <br />shall be not less than Five Hundred Thousand and no/100 ($500,000) Dollars. The City, <br />its employees, its agents and assigns shall be named as an additional insured on the <br />policy, and the Developer or its general contractor shall file with the City a certificate <br />evidencing coverage prior to the City signing the plat. The certificate shall provide that <br />the City must be given ten days advance written notice of the cancellation of the <br />insurance. The certificate may not contain any disclaimer for failure to give the required <br />notice. <br />2. Developer's Default. In the event of default by the Developer as to any of the work to <br />be performed by it hereunder, the City may, at its option, perform the work and the <br />Developer shall promptly reimburse the City for any expense incurred by the City, <br />provided the Developer is first given notice of the work in default, not Tess than 48 hours <br />page 10 <br />