03-17-26 City Council Meeting Packet

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20 LA515\163\1077757.v2 effect even if the Developer sells one or more lots, the entire Property, or any portion of it. D. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a professional engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City evidencing that the retaining wall was constructed in accordance with the approved Plans. All retaining walls identified on the Plans or by special conditions referred to in this Agreement shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. E. The Developer shall take out and maintain or cause to be taken out and maintained until six months after the City has accepted the public Subdivision Improvements: 1) commercial general liability insurance (CGL) covering bodily injury and property damage; 2) automobile liability insurance (coverage must apply to owned autos, non- owned autos, and hired autos); 3) workers’ compensation insurance as required by state statute; and 4) employer’s liability insurance. Limits for the commercial general liability insurance policy shall be not less than $2,000,000 for each occurrence. The City shall be named as an additional insured on the commercial general liability insurance policy, and the Developer shall file with the City a certificate of insurance evidencing coverage prior to the City signing this Agreement. The certificate shall provide that the City must be given thirty (30) days’ advance written notice of the cancellation of the insurance. F. Third parties shall have no recourse against the City under this Agreement. G. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity