Resolution - #93-03-033 - 03/09/1993

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I I I I I I I I I I$ I I I I I I I i$ I 33. Fit~nelal Assurance. Danny's Aluminum Processing, Inc. shall submit financial asSU~n~es as follows: (a) Charges and Fees. Danny's Aluminum Processing, Inc. agrees to pay to the City upon the issuance of this CUP a fee in an amount sufficient to reimburse the City for engineering, legal and administrative expenses reasonably incurred during the consideration and development of'this CUP. The Permit Holder shall reimburse the City for all administrative fees incurred by the City in connection with inspection of the aluminum processing operation and administration of this CUP. in the event the City incurs additional reasonable costs occasioned solely by the presence of this use within the CitY of Ramsey for personnel training, specialized equipment, risk insurance or increased contract costs for providing fire department services, the Permit Holder agrees to reimburse the City at cost upon presentation of supporting documents and invoices consistent with applicable law. (b) Liability Insurance and Liability Indemnification. The Permit Holder shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Permit Holder, its agents and employees and the City from claims for ~ily injury, death or property damage which may arise from the operations on the Site. The Permit Holder shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverages shall be provided in amounts not less than those specified: i. Public liability, general liability, personal injury and property damage: (1) Injury or death of one person - $1',000,000. (2) Injury to more than one person in a single accident - $1,000,000. (3) Property damage - $1,000,000. (4) Total Aggregate Liability for all items $1,000,000. ii. Automobile and truck public liability personal injury and property damage including owned and leased vehicles: (1) Injury or death of one person - $250,000. (2) Injury to more than one person in a single accident - $250,000. (3) Property damage - $250,000. Insurance coverage as specified in paragraphs (i) and (ii) shall be carried for the term that aluminum pr~essing operations are conducted. 34. (c) Upon commencement of this CUP, the ,Permit Holder shall deliver to the City an executed indemnification agreement in the form of Exhibit "B" attached hereto. Right tO Require Performance. The failure of. the City at any time to require perfofi'nag~ce by the Permit Holder of any provisions hereof shall in no way effect the right of thelCiW thereafter to enforce the same. Nor shall waiver by the City of any breach of any of th~. provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 5