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08-08-16-R
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08-08-16-R
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8/5/2016 10:53:39 AM
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<br />19 <br />188068v5 <br />and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each <br />occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an <br />additional insured on the policies, and the Developer shall file with the City a certificate evidencing <br />coverage prior to the City issuing any permits. The certificate shall provide that the insurer must endeavor to <br />gi ve the City advance written notice of the cancellation of the insurance. <br /> J. If building permits are issued prior to the acceptance of public improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of public improvements and <br />damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one <br />may occupy a building for which a building permit is issued on either a temporary or permanent basis until <br />the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are <br />accepted by the City Engineer in writing. <br /> K. Reserved. <br />L. Reserved. <br />M. Retaining walls that require a building permit shall be constructed in accordance with plans <br />and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. <br />Following construction, a certification signed by the design engineer shall be filed with the City Engineer <br />evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. <br />All retaining walls, the development plans, or special conditions referred to in this Agreement required to be <br />constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining <br />wall is required to be built. <br /> 20. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement <br />without the written consent of the City Council, which consent the City Council shall not unreasonably <br />withhold; provided, however, that the Developer may, upon notice to the City but without the consent of <br />the City Council, assign this Agreement to any party controlling, controlled by or under common control
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