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Watermark <br />Grading and Trunk Utility Agreement <br />June 11, 2018 <br /> page 6 <br />and indemnify the City from any and all claims and damages arising out of the <br />construction and maintenance of such systems. <br />vii. The temporary easements referenced in subparagraph iv. shall have a duration <br />no longer than 4 years. If the temporary easements expire prior to construction <br />of the 3rd Addition storm water improvements, Developer shall acquire <br />permanent easements as necessary (if Developer has not otherwise obtained fee <br />title to the necessary property) and construct the 3rd Addition storm water <br />improvements as approved by the City. In no event shall the temporary drainage <br />ditch and other related drainage improvements built within the temporary <br />easement area be utilized as a permanent storm water solution. The City and <br />Developer expressly enter into this Agreement with the understanding that a full <br />storm water system, as set forth in [plans] are necessary and that the City would <br />not approve the Phase I grading and associated storm water improvements <br />without a guarantee from Developer that the full storm water system will be <br />constructed. <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 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 />18. 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