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construction or other work outside this area requires approval by the City Engineer and 1 the affected property owner. 2 2.Parking and Storage of Materials. Adequate on-site parking for construction vehicles and 3 employees must be provided or provisions must be made to have employees park off-site 4 and be shuttled to the Project Area. No parking of construction vehicles or employee 5 vehicles shall occur along Lexington Ave. No fill, excavating material or construction 6 materials shall be stored in the public right-of-way. 7 3.Hours of Construction. Hours of construction, including moving of equipment shall be 8 limited to the hours between 7 a.m. and 9 p.m. on weekdays and between 9 a.m. and 9 9 p.m. on weekends. 10 4.Site Maintenance. The Developer shall ensure the contractor maintains a clean work site. 11 Measures shall be taken to prevent debris, refuse or other materials from leaving the site. 12 Construction debris and other refuse generated from the project shall be removed from 13 the site in a timely fashion and/or upon the request by the City Engineer. After the 14 Developer has received twenty-four (24) hour verbal notice, the City shall have the right 15 to complete or contract to complete the site maintenance work at the Developer’s 16 expense, which amount the Developer shall pay to the City upon demand. 17 18 N.Certificate of Insurance. The Developer shall provide, prior to the commencement of any site work 19 or other development of the Property, evidence that it has insurance in the form of a Certificate of 20 Insurance issued by a company authorized to do business in the State of Minnesota, which includes 21 workman’s compensation and general liability. Limits for bodily injury and death shall not be less 22 than $1,000,000 for one person and $1,500,000 per occurrence. Limits for property damages shall 23 be not less than $500,000 for each occurrence. The City shall be included as an additional insured 24 on general liability and property damage policies. The Developer shall provide the City with a 25 renewal certificate of insurance at least 30 days prior to the expiration date of any policy required 26 hereunder. 27 O.All Costs Responsibility of Developer. The Developer shall pay all costs incurred by it and the City 28 in conjunction with this Agreement, the approval of the Plat, the development of the Property, and 29 the construction of the improvements required by this Agreement, including but not limited to, all 30 costs of persons doing work or furnishing skills, tools, machinery and materials; insurance 31 premiums; Letter of Credit fees and bond premiums; legal, planning and engineering fees; the 32 preparation and recording of this Agreement and all easements and other documents relating to the 33 Plat and the Property; and all costs incurred pertaining to the inspection and monitoring of the work 34 performed and improvements constructed on the Property. The City shall not be obligated to pay the 35 Developer or any of its agents or contractors for any costs incurred in connection with the 36 construction of the improvements or the development of the Property. The Developer agrees to 37 defend, indemnify, and hold the City and its mayor, councilmembers, employees, agents and 38 contractors harmless from any and all claims of whatever kind or nature which may arise as a result 39 of the construction of the improvements, the development of the Property or the acts of the 40 Developer, and its employees, agents or contractors in connection thereto. 41 1.The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers 42 and employees harmless from claims made by itself and third parties for damages 43 Page 7 of15