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09-26-2016 Council Packet
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09-26-2016 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
09/26/2016
Council Meeting Type
Regular
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<br />Clearwater Creek Business Park <br />Development Agreement <br />September 26, 2016 <br /> page 10 <br /> <br /> <br />20. Hours of Construction Activity. <br /> <br />All construction activity shall be limited to the hours as follows: <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed <br /> <br />21. Insurance. Developer or its general contractor shall take out and maintain until one <br />year after the City accepts the Developer Improvements, public liability and property <br />damage insurance covering personal injury, including death, and claims for property <br />damage which may arise out of the Developer's or general contractor’s work, as the <br />case may be, or the work of its subcontractors or by one directly or indirectly employed <br />by any of them. Limits for bodily injury and death shall be not less than Five Hundred <br />Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 <br />($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less <br />than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a <br />combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or <br />more. The City, its employees, its agents and assigns shall be named as an additional <br />insured on the policy, and the Developer or its general contractor shall file with the City <br />a certificate evidencing coverage prior to the City signing the plat. The certificate shall <br />provide that the City must be given ten days advance written notice of the cancellation <br />of the insurance. The certificate may not contain any disclaimer for failure to give the <br />required notice. <br /> <br />22. Developer’s Default. In the event of default by the Developer as to any of the work to <br />be performed by it hereunder, and after the City has provided Developer with written <br />notice of the default and a 30 day period to cure the default (unless a shorter time to <br />cure is required by permit, or unless Developer cannot reasonably cure the default <br />within such 30 day period, in which event the City will provide Developer with a <br />reasonable period of time [not to exceed 120 days] to cure the default), the City may, at <br />its option, perform the work and the Developer shall promptly reimburse the City for <br />any expense incurred by the City to cure the default. This Agreement is a license for the <br />City to act, and it shall not be necessary for the City to seek a court order for permission <br />to enter the land. When the City does any such work, the City may, in addition to its <br />other remedies, levy the cost in whole or in part as a special assessment against the <br />Subject Property. Developer waives its rights to notice of hearing and hearing on such <br />assessments and its right to appeal such assessments pursuant to Minnesota Statutes, <br />chapter 429. <br /> <br />23. General. <br />
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