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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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B. The Developer shall pay in full all bills submitted by the City within thirty <br /> (30) days after receipt. If the bills are not paid on time, the City may halt <br /> all plat development work until the bills are paid in full. <br /> C. The Developer shall hold the City and its officers and employees harmless <br /> from claims made by itself and third parties for damages sustained or <br /> costs incurred resulting from Subdivision plat approval and development. <br /> The Developer shall indemnify the City and its officers and employees for <br /> all costs, damages or expenses that the City may pay or incur in <br /> consequence of such claims, including reasonable attorneys' fees. <br /> Provided that nothing herein shall require Developer to indemnify the City, <br /> its officers or employees from any violation of law or from the <br /> consequences of their own negligence. <br /> D. The Developer shall reimburse the City for its costs incurred in the <br /> enforcement of this Agreement, including engineering and reasonable <br /> attorneys' fees. <br /> E. The Developer agrees to pay for any Environmental Assessments and/or <br /> Environmental Impact Statements, if required. <br /> F. The Developer and Association created by the documents attached as <br /> Exhibit F, agree to hold the City harmless and indemnify City from claims <br /> associated with damage arising from City maintenance activity on City <br /> utilities contained within the Subdivision. <br /> G. The Developer agrees to defend and indemnify the City for claims arising <br /> out of or relating to the Developer's, and Developer's Contractor, work <br /> pursuant to this Agreement. Further, the Developer agrees to maintain <br /> CGL insurance coverage throughout the term of this Agreement and that <br /> the City shall be named as an additional on its CGL insurance policy. The <br /> additional insured coverage shall extend to claims arising out of <br /> Developer's, and/or Developer's Contractor, ongoing obligations under <br /> this Agreement. The Developer, and/or Developer's Contractor, further <br /> agree accordingly that coverage under the July 2004 edition of ISO <br /> Additional Insured Endorsement CG 20 10 is not acceptable. If additional <br /> insured coverage is provided under ISO Additional Insured Endorsement <br /> CG 20 10, it will be provided under a pre-2004 edition of that <br /> endorsement. <br /> XXIII. Prohibitions Against Assignment of Agreement. Developer represents and <br /> agrees that (except for associating with other individuals or entities), prior to the <br /> completion of the Developer Improvements as certified by the City: <br /> A. Except only by way of security for, and only for the purpose of obtaining <br /> financing necessary to enable the Developer or any successor in interest <br /> 12 <br />
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