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Saddle Club 4th Addition <br />Grading and Trunk Utility Agreement <br />October 8, 2018 <br /> <br /> page 5 <br />b. If the above escrow amounts are insufficient, the Developer shall make such <br />additional deposits as required by the City. The City shall have a right to <br />reimburse itself from the Escrow upon notice to the Developer, with suitable <br />documentation supporting the charges. <br />15. Special Provisions <br />a. The Letter of Credit amount specified under Exhibit B in the amount of <br />$399,521.00 has already been provided through the Development Agreement <br />for Saddle Club 3rd Addition dated August 29, 2017. Irrevocable Letter of Credit <br />4990252 from Crown Bank, 6600 France Avenue South, Suite 125, Edina, <br />Minnesota, 55435. <br />b. At the time of this Grading Agreement, the final construction plans for this <br />development are not approved. If the grades or municipal utility locations need <br />to change due to overall plan changes or final plat changes it will be the sole <br />responsibility of the Developer to re-grade the site or re-install utilities at its <br />own cost. <br />16. 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 />17. Insurance. Developer or its general contractor shall take out and maintain until one <br />year after the City accepted 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 <br />less then 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 />