Windwood Construction - Ash Creek Estates MEMORANDUM OF UNDERSTANDING
BETWEEN DEVELOPER AND CITY OF TIGARD
REGARDING CONSTRUCTION OF ASH CREEK ESTATES
Developer: Windwood Construction, Inc.
Subdivision: Ash Creek Estates SUB 2003-00010
Date: May 18, 2006
This agreement is hereby made between Windwood Construction, Inc., hereinafter the
"Developer" and the City of Tigard, regarding authorization to proceed with subdivision
improvements in the development known as Ash Creek Estates.
1. Developer agrees to hold harmless and indemnify the City of Tigard, and its
employees from all claims related to said development.
2. Developer will hold the City of Tigard, and its employees, harmless from any and all
changes needed to accommodate the final public improvement construction.
3. Developer agrees to comply with all provisions of the Engineering Department's final
construction drawings.
4. In the event the land use approval is reversed on appeal and development is ultimately
not approved, developer shall remove all improvements as directed by the City.
5. Developer shall add City of Tigard, its officers, directors, and employees as additional
insured with respect to this MOU on Developer's Commercial General Liability
insurance policy. Said CGL policy will have a general aggregate limit of no less than
two million dollars ($2,000,000) with a per occurrence limit of no less than one million
dollars ($1,000,000).
DEVELOPER CITY OF TIGARD
By` By:
Title: Title:
Date: S� G� Date:
Loreen\H:\DOCS\Contracts\Ash Creek Estates MOU 5-18-06.doc
MAY-19i-2006 FR I 09:36 AM FAX N0. . P. 01/03
w
CERTIFICATE OF INSURANCE
This certificate of insurance is NOT an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain.-
the
ertain;the insurance afforded by the policies described herein is subject to all the terms.exclusions and conditions of such policies which may substantially limit
coverage. Where reference is made to an Aggregate Limit,those limits are Company's maximum liability under the Policy for the entire policy period
regardless of the number of insureds,claimants or occurrences.Certificate Is Issued by Insured's Representative. Additional insured and
other endorsements may only be authorized by the Company or its appointed General Agent.
Date 05/19/2006
NAME OF INSURED Windwood Construction Inc. ; Ash CreeK Properties, LLC
12655 SW North Dakota St Portland, 0 722
P.O. ADDRESS d, R 9 3
Insurance Company Name: National Fire and Marine Insurance Company
Insurance Company Address: 3024 Harney Street • Omaha, Nebraska • 68131-3680
POLICY NUMBER KINDS OF INSURANCE LIMITS EFFECTIVE EXPIRES
COMMERCIAL GENERAL LIABILITY
0 Occurrence Form ❑ Claims-Made Form
Coverages
EI Premises-Operations 03/07/2006 03/07/2007
❑ Products/Completed Operations
13 Other(Specify) 12:01 A.M. I2: O1 A.M.
72LPS000290
General Aggregate Limit $ 2,000,000
Products-Completed Operations Aggregate Limit $ 2, 000, 000
Personal&Advertising Injury Limit $ 11000, 000
Each Occurrence Limit $ 1, 000, 000
Fire Damage Limit(Any One Fire) $ 100, 000
Medical Expense Limit(Any One Person) $ 5,000
Aggregate Limit on Claims Expenses $ N/A
Manuscript endorsome:ncs applicable
AUTOMOBILE LIABILITY
N/A Bodily Injury Each Person $ N/A
Each Accident $ N/A
Property Damage Each Accident $ N/A
Bodily Injury and Property Damage Combined Single Limit $ N/A
GARAGE LIABILITY
Bodily Injury and Property Damage Auto Only Other than Auto
Combined Single Limit $ N/A $ N/A
N/A Aggregate Limit $ N A
Garagskeepers Insurance C3Legal Liability $ N A
Q Direct Excess $ N A
13Direct Primary $ N A
EXCESS LIABILITY
❑ Automobile ❑ General Liability
Name of Primary Insurer!
Primary Limits $ N/A
N/A Excess Limits $ N/A
General Aggregate Limit S NI
❑ Aggregate Limit inclusive of Claims Expenses N/A
N/A Employer's Liability $ N/A
N/A Other N/A
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES City of Tigard, its officers, directors & employees
are named a.s additional insuredsS?er form CG2Q 9 03/97_
In the event of any material change in or cancellation of said policies,the Insured's Representative issuing this Certificate intends to,but Is not obligated
to,notify the parry to whom this Certificate is addressed of such change or cancellation.The COMPANY undertakes no responsibility by reason of any
failure of the Insured's Representative to provide such notification.
This Certificate issued to: This Certificate issued by:
City of Tigard B C
13125 SW Hall Blvd !JA �SAet-yNW Ins.
Tigard OR 97223 Name of In ured's Representative
M-5044b (06/2002)
-MAY-191-2006 FR I 09:37 AM • FAX N0. 0
P. 02/03
POLICY NUMBER. COMMERCIAL GENERAL LIABILITY
CG 20 00 03 87
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION (FOR USE WHEN CONTRACTUAL
LIABILITY COVERAGE IS NOT PROVIDED TO YOU IN
THIS POLICY)
This endorsement modifies Insurance provided under the fallowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization(Additional Insured), Location of covered Operations
AS REQUIRED BYWRITTEN CONWCT AND AUTHORIZED BY ONLY INSURED LOCATIONS AT WHICH NAMED
COMPANY OR APPOINTED BY GENERAL AGENT. INSURED PERFORMS WORK OR OPERATIONS
UNDER CONTRACTTO THE ADDITIONAL INSURED.
Bodily injury and Premium Basis Rates
Propeq Damage Uabill Goxt Per 1000 of Cost Advance Premium
SUBJECT TO APPLICABLE
POLICY AGGREGATE AND PER NOT APPUCABLE NOT APPLICABLE iNON REFUNDABLE FEE PER
OCCURRENCE LIMIT OF OURSCHEDULE
Total Advance Premium PER OUR SCHEDULE
(tf no entry appears above,information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
A. Who is An Insured (Section II) is emended to 2. Additional Exclusions
Include as an insured the person or organizedon
(called 'additional Insured') shown in the Schedule This insurance does not apply to:
but only with respect to liability adding out of:
a, 'Bodily injury/'or'property damage'for which
1. Your ongoing operations performed for the the addWonal insureds)aro obligated to pay
additional Insured(s) at the location designated damages by reason of the assumpflon or
above:or liability in a Contract or agreement. This
exclusion does not apply to liability for
2. Acta or omissions of the additional insureds) in damages that the additional Insured(s)would
connection with their general supervision of such have in the absence of the contract or
operations. agreement.
S. With respect to the insurance afforded these addl- b. -Bodily inJury or 'property damage' occur-
donal insureds, the following additional provisions ring after.
apply:
(1) All work, including materlals, parts or
1. Exclusions b.,c„ g., h.(1),J., k., 1.and n. under equipment fumished In connection with
Coverage A — Bodily Injury And Property such work, on the project (other than
Damage Uab111ty (SectJon I — Coverages) do service, maintenance or repairs) to be
not apply, performed by or on behalf of the add!.
Bonet insureds) at the she of the cov-
ered operations has been completed:or
CG 20 09 03 91 Copyright.Insuranos SeMces Office, Inc., 1998 Page 1 of 2 O
MAY-1 '2006 FRI 09;37 AM FAX N0. P. 03/03
(2) w at portion of'your worts'out of which d. 'Property damage"lo:
W damage arises a
�►Y has been
9
put to its intended use by any person or (1) Property owned,used or occupied by or
organization other than another con. rented to the additional Insured(sy
tractor or subcontractor engaged In
perlorming operations for a principal as (2) Property In the care, custody, or control
a part of the same project, of the additional Insured(s) or over
which the additional Insured(s) are for
c. 'Bodily In)uW or 'property damage' arising any Purpose exercising physlcal control;
out of any act or omission of the additional or
Insure0(s)or any of their*employees,'other
than the general supervision by the (8) Any work, including materials, parts or
additional Insured(s) of your ongoing equipment furnished in connection with
operations performed for the addidonsl such work, which Is performed for the
insured(s). addilianal insured(s)by you.
CG 20 09 03 97 Copyright,Insurance Ser*ss Office,Inc.,1996 Page 2 of 2 0