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7B - Trailside Estates - Developer Agreement & Park Dedication
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02-15-2007 Planning Commission Meeting
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7B - Trailside Estates - Developer Agreement & Park Dedication
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installation of erosion control measures, and roadway development sufficiently <br /> completed to support access by emergency vehicles, snowplows, and garbage trucks, <br /> as determined by the City Engineer in his sole but reasonable discretion. Until such <br /> approval is granted, no dwelling may be occupied on either a temporary or permanent <br /> basis, except that model homes may be occupied by sales personnel for marketing and <br /> related purposes. <br /> If the Developer is in default of this Agreement as hereinafter defined, in addition any <br /> other remedy provided by this Agreement, City may refuse to issue a building/zoning <br /> permit for any lot in the subdivision until Developer cures the default as provided herein. <br /> X. Park Dedication. <br /> A. The parties mutually recognize and agree that park dedication <br /> requirements as provided in City Ordinance shall be satisfied through a <br /> conveyance by the Developer to the City via Warranty Deed, Outlot B, for <br /> municipal park purposes. Further the Developer agrees to comply with <br /> the park dedication improvements recommended by the City Park Board <br /> as identified on Exhibit C. <br /> XI. Insurance. <br /> A. The Developer, or the Developer's contractor, will provide and maintain or <br /> cause to be maintained at all times during the process of constructing the <br /> Developer Improvements until one (1) year after acceptance of all <br /> Developer Improvements and, from time to time, at the request of the City, <br /> furnish proof of payment of premiums on: <br /> 1. Combined single limit commercial general liability insurance ("CGL") <br /> policy of$1,000,000 per occurrence, $2,000,000 aggregate. <br /> 2. Worker's compensation insurance, with statutory coverage. <br /> 3. Said insurance shall remain in place as long as any improvements <br /> constructed pursuant to this Agreement remain private improvements. <br /> This provision shall survive the terms of this Agreement. Further, the <br /> City shall be named as an additional insured under the CGL insurance <br /> policy of the Developer, or Developer's Contractor, with coverage <br /> provided to the City for claims arising out of the Developer's ongoing <br /> obligations under this Agreement. Further, the 2004 edition of ISO <br /> Additional Insured Endorsement CG 20 10 is not acceptable. If ISO <br /> Additional Insured Endorsement CG 20 10 is used, then it must be a <br /> pre-2004 edition. <br /> B. The Developer shall file a copy of evidence of the insurance coverage <br /> required herein with the City upon execution of this Agreement. The <br /> parties agree that proof of the above-described insurance shall be <br /> 7 <br />
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