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08-08-2016 Council Packet*
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08-08-2016 Council Packet*
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City Council
Council Document Type
Council Packet
Meeting Date
08/08/2016
Council Meeting Type
Regular
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<br />Clearwater Creek Business Park <br />Development Agreement <br />August 8, 2016 <br /> page 5 <br /> <br />ii. City Engineering <br />b. If the above escrow amounts are insufficient, the Developer shall make such <br />additional deposits as required by the City. The City shall have a right to <br />reimburse itself from the Escrow upon notice to the Developer, with suitable <br />documentation supporting the charges. The City will refund to Developer all <br />amounts remaining in the escrow account upon termination of this Agreement. <br />14. Special Provisions <br />a. None <br />15. Hours of Construction Activity. <br /> <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 /> <br />16. Insurance. Developer or its general contractor shall take out and maintain until one <br />year after the City accepted the Developer Improvements, public liability and property <br />damage insurance covering personal injury, including death, and claims for property <br />damage which may arise out of the Developer's or general contractor’s work, as the <br />case may be, or the work of its subcontractors or by one directly or indirectly employed <br />by any of them. Limits for bodily injury and death shall be not less than Five Hundred <br />Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 <br />($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less <br />than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a <br />combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or <br />more. The City, its employees, its agents and assigns shall be named as an additional <br />insured on the policy, and the Developer or its general contractor shall file with the City <br />a certificate evidencing coverage prior to the City signing the plat. The certificate shall <br />provide that the City must be given ten days advance written notice of the cancellation <br />of the insurance. The certificate may not contain any disclaimer for failure to give the <br />required notice. <br /> <br />17. 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, after written notice to <br />Developer and after Developer has had a reasonable time after receipt of such notice to <br />cure the default, perform the work and the Developer shall promptly reimburse the City <br />for any documented expense incurred by the City. This Agreement is a license for the <br />City to act, and it shall not be necessary for the City to seek a court order for permission <br />to enter the land. When the City does any such work, the City may, in addition to its
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