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Developer shall promptly pay the City the full cost thereof as <br />aforesaid. <br />3. Deposit of Financial Guarantee. In the event the financial <br />guarantee has been submitted in the form of a Letter of Credit, the <br />City may draw on the Letter of Credit the sum equal to the <br />reasonably estimated cost of completing the Work, plus the City's <br />reasonably estimated expenses as defined herein, including any <br />other reasonable costs, expenses, and damages for which the surety <br />may be liable hereunder, but not exceeding the amount set forth on <br />the Letter of Credit. The money shall be deemed to be held by the <br />City for the purpose of reimbursing the City for any reasonable <br />costs incurred in completing the Work as hereinafter specified. <br />Any funds remaining after completion of the project shall be <br />promptly returned to the Tenant Developer. <br />VIII. OCCUPATION OF PREMISES <br />The Tenant Developer agrees that it will not cause to be occupied any portion of <br />the building or improvements to be constructed upon the premises until <br />completion of the building and site improvements as more fully described in the <br />approved plans and following issuance of a Certificate of Occupancy. <br />IX. INSURANCE <br />Tenant Developer, or its contractor, or all of its subcontractors shall take out and <br />maintain until one (1) year after the City has accepted the private improvements, <br />public liability and property damage insurance covering personal injury, including <br />death, and claims for property damage which may arise out of the Tenant <br />Developer's Work or the Work of its subcontractors or by one directly or <br />indirectly employed by any of them. Limits for bodily injury and death shall be <br />not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one <br />person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; <br />or a combination single limit policy of One Million and no /100 ($1,000,000.00) <br />Dollars or more. The City, its employees (not all City employees but the term <br />"employees), its agents and assigns shall be named as an additional insured on the <br />policy, and the Tenant 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 />Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 6 of 9 <br />