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Wilkinson Waters Addition <br />Grading Agreement <br />June 9, 2025 <br /> page 6 <br />shall be named as an additional insured on the policy, and the Developer or its general <br />contractor shall file with the City a certificate evidencing coverage prior to the City <br />signing the plat. The certificate shall provide that the City must be given ten days <br />advance written notice of the cancellation of the insurance. The certificate may not <br />contain any disclaimer for failure to give the required notice. <br /> <br />Developer shall defend, indemnify, and hold harmless the City and its officers, <br />employees, and consultants from any loss, injury or damage arising out of or related <br />to the early grading work authorized by this Agreement. <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, 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 /> <br />23. General. <br /> <br />a. Binding Effect <br /> <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. <br /> <br />b. Validity. <br /> <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 /> <br />c. Notices <br /> <br />Whenever in this Agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this Agreement to or on the other <br />party, such notice or demand shall be delivered personally, or mailed by United <br />Page 231 of 353