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06-23-14 Council Packet
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06-23-14 Council Packet
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1/14/2015 2:32:55 PM
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City Council
Council Document Type
Council Packet
Meeting Date
06/23/2014
Council Meeting Type
Regular
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NorthPointe <br />Development Contract <br />June, 2014 <br />a. Developer or its general contractor shall take out and maintain until one (1) year <br />after the City has accepted the Developer Improvements, public liability and <br />property damage insurance covering personal injury, including death, and claims <br />for property damage which may arise out of the Developer's work or the work of <br />his subcontractors or by one directly or indirectly employed by any of them. <br />Limits for bodily injury and death shall be not less than Five Hundred Thousand <br />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 <br />not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each <br />occurrence; or a combination single limit policy of One Million and no/100 <br />($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns <br />shall be named as an additional insured on the policy, and the Developer or its <br />general contractor shall file with the City a certificate evidencing coverage prior to <br />the City signing the plat. The certificate shall provide that the City must be given <br />ten (10) days advance written notice of the cancellation of the insurance. The <br />certificate may not contain any disclaimer for failure to give the required notice. <br />X. REIMBURSEMENT OF COSTS FOR DEFENSE <br />a. The Developer agrees to reimburse the City for all costs incurred by the City in <br />defense of enforcement of this contract, 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 />a. If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />contract is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the <br />Development Contract. <br />XII. GENERAL <br />a. Binding Effect <br />i. The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br />b. Notices <br />i. Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed <br />page 13 <br />
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