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DRAFT • 4.15.2004 2.02. zeement to Construct Improvements. The CitY a� rovements, including the street, grading, drainage, landscaping and other improvements required by City ordinance for development of the Property at Developers sole expense. The Improvements are more fully described in the site plans, preliminary plat and specifications approved by the City(the "Plans"), and as set forth in Exhibit B. A final copy of the Plans must be filed with the City prior to commencement of construction of the Improvements. Any deviation from the Plans must be approved in writing by the City. Prior to initiating construction of the Improvements,the Developer shall hold a pre-construction meeting with the City to review and resolve any issues involving the construction of the Improvements. 2.03. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits, licenses, and approvals required in connection with construction of the Improvements. The Developer shall meet in a timely manner the requirements of all applicable local, state, and federal laws and regulations which must be met before the Improvements may be lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as required under this Section 2.03 or otherwise,the Developer shall complete the following: A. The Developer shall obtain Rice Creek Watershed District (RCWD) approval for site runoff and storm water storage of the residential project. B. The Developer shall obtain a Stormwater Permit from the Minnesota Pollution III Control Agency(MPCA). C. The Developer shall obtain permit approval from City of Mounds View for work to be done within the County Road H2 right-of-way. D. The Developer shall be responsible for any damage to County.Road H2 resulting from the construction of the Improvements and shall cause to have such damage repaired to City standards. 2.04. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Developer, Developer's successors or assigns, the Developer's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand,damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer, and the Developer's successors or assigns, agree to protect,defend and save the City, and its officers, agents, and employees,harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. In addition, while the City shall illendeavor to complete the City's share of utility improvements contemplated in this Agreement, if SJR-245249v4 MU205-29 E-5