Laserfiche WebLink
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, its contractor, or all of its subcontractors shall take out and maintain <br /> until one(1)year after the City has accepted the private improvements,public <br /> liability and property damage insurance covering personal injury,including death, <br /> and claims for property damage which may arise out of the Developer's Work or <br /> the Work of its subcontractors or by one directly or indirectly employed by any of <br /> 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 <br /> no/100($1,000,000.00)Dollars for each occurrence;or a combination single limit <br /> policy 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 FOR LITIGATION EXPENSES <br /> The City and Developer agree that the prevailing party in any litigation pertaining <br /> to the enforcement of this Agreement shall be entitled to reimbursement from the <br /> non-prevailing party for all costs incurred by said prevailing party including court <br /> costs and reasonable engineering and attorneys'fees. <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 /> XII. GENERAL <br /> A. Binding Effect. The terms and provisions hereof shall be binding upon <br /> and inure to the benefit of the heirs,representatives, successors and <br /> assigns of the parties hereto and shall be binding upon all future owners of <br /> all or any part of the Property and shall be deemed covenants running with <br /> the land. <br /> D. Notices. Whenever in this Agreement it shall be required or permitted that <br /> notice or demand be given or served by either party to this Agreement to <br /> or on the other party, such notice or demand shall be delivered personally <br /> SMWFCU Performance Agreement doc page 7 of 9 <br />