04-11-2016 Council Packet - Laserfiche WebLink

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