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Any funds remaining after completion of the project shall be <br />returned to the Developer. <br />VIII. OCCUPATION OF PREMISES <br />The Developer agrees that it will not cause to be occupied any portion of the <br />building or improvements to be constructed upon the premises until completion of <br />the building and site improvements as more fully described in the approved plans <br />and following issuance of a Certificate of Occupancy. <br />IX. INSURANCE <br />Developer or all its subcontractors shall take out and maintain until one (1) year <br />after the City has accepted the private improvements, public liability and property <br />damage insurance covering personal injury, including death, and claims for <br />property damage which may arise out of the Developer's Work or the Work of its <br />subcontractors or by one directly or indirectly employed by any of them. Limits <br />for bodily injury and death shall be not less than Five Hundred Thousand and <br />no /100 ($500,000.00) Dollars for one person and One Million and no /100 <br />($1,000,000.00) Dollars for each occurrence; or a combination single limit policy <br />of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its <br />employees, its agents and assigns shall be named as an additional insured on the <br />policy, and the Developer or all its subcontractors shall file with the City a <br />certificate evidencing coverage prior to the City signing the plat. The certificate <br />shall provide that the City must be given ten (10) days advance written notice of <br />the cancellation of the insurance. The certificate may not contain any disclaimer <br />for failure to give the required notice. <br />X. REIMBURSEMENT OF COSTS FOR DEFENSE <br />The Developer agrees to reimburse the City for all costs incurred by the City in <br />defense of enforcement of this Agreement, or any portion thereof, including court <br />costs and reasonable engineering and attorneys' fees if the City prevails in such <br />action. <br />XI. VALIDITY <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Site Improvement Performance Agreement. <br />October 12, 2009 <br />North Springs Church Performance Agreement Page 6 of 10 <br />