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<br />SUBDIVISION IMPROVEMENT AGREEMENT <br />TRACT 8724 <br />Page 6 of 11 <br /> <br /> <br />g. Subdivider shall provide evidence of compliance with the insurance requirements listed <br />above by providing a certificate of insurance and the required policy endorsements, in a form <br />satisfactory to the City Attorney, concurrently with the execution of this Agreement. <br /> <br />h. Subdivider shall provide a substitute certificate of insurance and policy endorsements no later <br />than ten (10) days prior to the policy expiration date. Failure by the Subdivider to provide <br />such a substitution and extend the policy expiration date shall be considered a default by <br />Subdivider and may subject the Subdivider to a Stop Work Notice until the Subdivider has <br />cured the default. <br /> <br />i. Subdivider’s Commercial General Liability insurance shall allow and be endorsed primary as <br />respect to the City, its officers, employees and volunteers and not seek contribution from the <br />City’s coverage. <br /> <br />j. Maintenance of insurance by the Subdivider as specified in this Agreement shall in no way <br />be interpreted as relieving the Subdivider of any responsibility whatever and the Subdivider <br />may carry, at its own expense, such additional insurance as it deems necessary. <br /> <br />k. The insurer shall agree to waive all rights of subrogation against the City, its officers, <br />officials, employees, and volunteers for losses arising from Work performed by the <br />Subdivider. All coverages required under this Agreement shall be endorsed with a waiver of <br />subrogation endorsement. <br /> <br />l. The insurer shall provide the amount of self-insured retention and City shall have the right to <br />deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. <br /> <br />12. Streets. Use of any or all streets and improvements provided by Section 2 shall, at all times prior <br />to the final acceptance of said tract by the City, be at the sole and exclusive risk of Subdivider. Issuance <br />of any Occupancy Permits by City for a dwelling within the tract, at any state of development, shall not <br />be construed to be an acceptance of improvements, or a final acceptance of said improvements. <br /> <br />13. Street Lights. City shall, upon acceptance of improvements, transfer utility billing for street <br />lights to be owned and maintained by the City from Subdivider to City by managing the transfer with the <br />power company. Said street lights shall be installed according to adopted City standards are shall satisfy <br />the requirements of the power company for billing at standard rates for customer-owned street and <br />highway lighting. <br /> <br />14. Attorneys’ Fees. The prevailing party in any action or suit for the enforcement of rights under <br />this Agreement, shall be entitled to payment of its reasonable attorneys’ fees, expert witness fees, and <br />costs, in addition to any other relief to which it may be entitled. If the City is the prevailing party, the <br />City shall also be entitled to recover its attorney’s fees and costs in any action against Subdivider’s <br />surety on the bonds provided under Section 7 of this Agreement. <br /> <br />15. Non-Discrimination. The City, Subdivider, and Contractor shall comply with all provisions and <br />requirements of federal, State, and local non-discrimination laws, regulations and policies. During the <br />performance of this Agreement, the parties shall not discriminate against any employee, client, or any <br />Page 209 of 846