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, , , , - 2- <br /> 4. If the City demolishes the Culver House at any time within ten (10) <br /> years of the date hereof due to the Foundation's failure to fulfill the terms of <br /> this Agreement, Foundation shall reimburse the City for all costs related <br /> thereto in excess of Thirteen Thousand Four Hundred Dollars ($13,400.00). <br /> 5. From the effective date of this Agreement and for a period of ten (10) <br /> years thereafter, or until either the Culver House is demolished or a <br /> Certificate of Occupancy is issued therefor, whichever first occurs, Foundation <br /> shall indemnify and hold harmless the City and its Council members, <br /> officers, employees and agents, in both individual and official capacities, from <br /> all claims for bodily injury, property damage or death resulting from or <br /> arising out of the physical condition of the Culver House or any repair or <br /> construction activities relating thereto. <br /> 6. Foundation shall obtain at its expense and keep in force during the <br /> term of its receivership comprehensive general liability and property damage <br /> insurance in an amount not less than One Million Dollars ($1,000,000) single <br /> limit, Two Million Dollars ($2,000,000) aggregate for bodily injury, death and <br /> property damage relating to the Culver House. The comprehensive general <br /> liability policy shall include coverages for premises and operations, a blanket <br /> contractual liability coverage which includes the indemnification agreement <br /> contained in Section 5 hereof, broad form property damage, and independent <br /> contractors and personal injury liability coverage. The policy issued for the <br /> aforesaid coverages shall name the City as an additional insured. Such <br /> insurance shall not be canceled prior to the termination of this Agreement <br /> and shall be evidenced by a certificate of insurance in a form satisfactory to the <br /> City's Risk Manager. <br /> Dated this 13t:h day of October, 1999. <br /> CITY OF DE <br /> � <br /> BY. _.__.E.� — <br /> MAYOR --�-� <br /> ATTEST: � r' � <br /> i� � �� /f'sf . <br /> ���.��-�''-��� , �� '� <br /> � /' (.'��� /) <br /> � <br /> CITY CLERK �-' -`�� <br /> HISTORIC PROPERTIES PRESERVATION <br /> FOUNDATION <br /> BY <br /> IMBERLY . AUKAMP <br /> PRESIDENT <br />