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Milestones Addition <br /> Development Agreement <br /> August 28, 2023 <br /> 21. 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 Two Million and no/100 <br /> ($2,000,000.00) 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 /> 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,the City may, at its option, perform the work and the <br /> Developer shall promptly reimburse the City for any expense incurred by the City, <br /> including but not limited to attorney and engineering fees, provided the Developer is <br /> first given notice of the work in default, not less than 48 hours in advance. This <br /> Agreement is a license for the City to act, and it shall not be necessary for the City to <br /> seek a court order for permission to enter the land. When the City does any such work, <br /> the City may, in addition to its other remedies, levy the cost in whole or in part as a <br /> special assessment against the Subject Property. Developer waives its rights to notice of <br /> hearing and hearing on such assessments and its right to appeal such assessments <br /> pursuant to Minnesota Statutes, chapter 429. <br /> 23. General. <br /> a. Binding Effect <br /> The terms and provisions hereof shall be binding upon and inure to the benefit <br /> of the heirs, representatives, successors and assigns of the parties hereto and <br /> shall be binding upon all future owners of all or any part of the Subdivision and <br /> shall be deemed covenants running with the land, unless otherwise released <br /> pursuant to section 14 of this Agreement. <br /> b. Validity. <br /> If a portion,section, subsection, sentence, clause, paragraph or phrase in this <br /> agreement is for any reason held to be invalid by a court of competent <br /> page 11 <br />