AUF DER MAUR PUBLIC IMPROVEMENT PM 7885 2002

certificate of insurance, in a form satisfactory to the City Attorney, concurrently with the submittal of this Agreement. g. Developer shall provide a substitute certificate of insurance no later than thirty (30) days prior to the policy expiration date. Failure by the Developer to provide such a substitution and extend the policy expiration date shall be considered a default by Developer and may subject the Developer to a Stop Work Notice until the Developer has cured the default. h. Developer shall provide insurance that is primary as respects the Agency, its officers, employees and volunteers. i. Maintenance of insurance by the Developer as specified in this Agreement shall in no way be interpreted as relieving the Developer of any responsibility whatever and the Developer. may carry, at its own expense, such additional insurance as it deems necessary. j. The insurer shall agree to waive all rights of subrogation against the Agency, its officers, officials, employees, and volunteers for losses arising from work performed by the Developer. k. The insurer shall provide the amount of self-insured retention and City shall have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 13. Streets. Use of any or all streets and improvements provided by Paragraph 3 shall, at all times prior to the final acceptance of said commercial development by the City, be at the sole and exclusive risk of Developer. Issuance of any Occupancy Permits by City for the commercial development, at any state of development, shall not be construed to be an acceptance of improvements, or a final acceptance of said commercial development. 14. Street Lights. City shall, before or after acceptance of improvements, give a "turn-on" order to the power company for only those street lights that City deems necessary to protect the public. Developer may at his sole expense provide street lighting not deemed necessary by the City, by arranging for the power company to hold the City harmless from the cost thereof, and by paying the actual power cost for said street lighting so ordered. Developer shall give notice to the City three (3) weeks prior to the proposed occupancy of any part of commercial development(s). 15. Attorney's Fees. If any party initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief Public Improvement Agreement 10/23/2002 Auf der Maur/Rickenbach, PM 7885 Page 7 of 9