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Java Lino Lakes <br />Development Agreement <br />April 14, 2025 <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 />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Development Agreement. <br />page 12 <br />