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I curb for removal. The City shall not accept bituminous base course with less than 91.5% 2 density or that has an open graded appearance as determined by the City Engineer. This 3 is considered to be rejected and shall be required to be removed at the Developer's 4 expense. At no time shall the bituminous wear course be installed after September I't of 5 any calendar year or prior to weight restrictions being lifted in the spring. 6 7. Televising. All storm sewer and sanitary sewer shall be televised, at the Developer's 7 expense, prior to the installation of the aggregate base, concrete curb and gutter, and 8 bituminous. The City shall review and approve the televising tapes prior to 9 commencement of the roadway construction. All televising media shall be submitted on 10 DVD. 11 8. Project Identification Signage. Prof ect identification signs shall comply with City Code 12 Regulations. 13 R. Certificate of Insurance. The Developer shall provide, prior to the commencement of any site 14 work, evidence that it has insurance in the form of a Certificate of Insurance issued by a company 15 authorized to do business in the State of Minnesota, which includes workman's compensation and 16 general liability. Limits for bodily injury and death shall not be less than $,500,000 for one person 17 and $,1 ,000,,000 per occurrence. Limits for property damages shall be not less than $,200,000 for 18 each occurrence. The City shall be included as an additional insured on general liability and 19 property damage policies. 20 S. All Costs Responsibility of Developer. The Developer agrees to pay for all costs incurred of 21 whatever kind of nature in order to construct the improvements required by the City's regulations. 22 The City shall not be obligated to pay the Developer or any of its agents or contractors for any costs 23 incurred in connection with the construction of the improvements, or the development of the 24 property. The Developer agrees to defend, indemnify, and hold the City harmless from any and all 25 claims of whatever kind or nature which may arise as a result of the construction of the 26 improvements, the development of the property or the acts of the Developer,, its agents or contractors 27 in relationship thereto. 28 1. The Developer shall defend, indemnify, and hold the City and its officers and employees 29 harmless from claims made by itself and third parties for damages sustained or costs 30 incurred resulting from plat approval and development. The Developer shall defend, 31 indemnify, and hold the City and its officers and employees harmless for all costs, 32 damages or expenses which the City may pay or incur in consequence of such claims, 33 including attorney's fees. 34 2. The Developer shall pay, or cause to be paid when due, and in any event before any 35 penalty is attached, all charges referred to in this Agreement. This is a personal 36 obligation of the Developer and shall continue in full force and effect even if the 37 Developer sells one or more lots, the entire plat, or any part of it. 38 3. The Developer shall pay in full all bills submitted to it by the City for obligations 39 incurred under this Agreement within thirty (30) days after receipt. If the bills are not 40 paid on time, the City may halt plat development work and construction including, but 41 not limited to,, the issuance of building permits for lots which the Developer may or may 42 not have sold,, until the bills are paid in full. Bills not paid within thirty (30) days shall 43 accrue interest at the rate of nine percent (9%) per year. Page 8 of 13