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limitation of any immunity or limitation on liability to which the City is entitled under Minnesota <br />Statutes, Chapter 466 or otherwise. <br />This section 3.11 shall survive termination of this Agreement and shall be binding on the <br />Developer regardless of the enforceability of any other provision of this Agreement. <br />3.12. Insurance. The Developer agrees to take out and maintain or require its general contractor to <br />cause to be taken out and maintained until six months after the City has accepted the Public <br />Improvements, public liability and property damage insurance covering personal injury, including <br />death, and claims for property damage which may arise out of Developer's work or the work of its <br />contractors or subcontractors. Liability limits shall not be less than $500,000 when the claim is one <br />for death by wrongful act or omission or for any other claim and $1,500,000 for any number of claims <br />arising out of a single occurrence. The City shall be named as an additional insured on the policy. <br />The certificate of insurance shall provide that the City must be given the same advance written notice <br />of the cancellation of the insurance as is afforded to the policy holder. <br />3.13. Developer's Default. In the event of default by the Developer as to any work or undertaking <br />required by this Agreement, the City may, at its option and following 30 days' written notice to the <br />Developer and an opportunity to cure, perform the work utilizing the Financial Guarantee to pay all <br />costs associated therewith. In the event that the City is unable to utilize the Financial Guarantee for <br />any reason, the Developer shall promptly reimburse the City for any expense incurred by the City in <br />exercising its rights herein. <br />This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an <br />order from any court for permission to enter the Property for such purposes. If the City does any such <br />work, the City may, in addition to its other remedies, levy special assessments against the Property to <br />recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, <br />expressly waives any and all procedural and substantive objections to the special assessments, <br />including, but not limited to, hearing requirements and any claim that the assessments exceed the <br />benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives <br />any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081, provided the <br />amount levied does not exceed the expenses actually incurred by the City. Further, the City may, at <br />its option, as an additional remedy, recover expenses actually incurred by the City, in the manner <br />provided by Minnesota Statutes, Section 415.01, 366.011 and 366.012, and the Developer hereby <br />consents to the levy of such assessments without notice or hearing and waives its rights to appeal such <br />assessments pursuant to such Minnesota Statutes, provided the amount levied does not exceed the <br />expenses actually incurred by the City pursuant to this Agreement. <br />3.14. Compliance with Existing Laws. The Developer warrants that all obligations performed <br />pursuant to this Agreement shall be in compliance with existing Federal, State and City laws, <br />ordinances, pertinent regulations, standards, and specifications of the City. <br />3.15. Entitlements; Permits. This Agreement does not include the approval of any land use <br />entitlements, subdivisions, site plans, or building permits for any structures within the Property. <br />The Developer must submit for and the City must approve any such entitlements or permits prior <br />12 <br />MU210-262-628764.v18 <br />