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has an open graded appearance as determined by the City Engineer. This is considered to be rejected and shall be required to be removed at the Developer's expense. At no time shall the bituminous wear course be installed after September lst of any calendar year or prior to weight restrictions being lifted in the spring. 5 7. Project Identification Signage. Project identification signs shall comply with City Code 6 Regulations. 7 O. Certificate of Insurance. The Developer shall provide, prior to the commencement of any 8 site work, evidence that it has insurance in the form of a Certificate of Insurance issued by a 9 company authorized to do business in the State of Minnesota, which includes workman's �o compensation and general liability. Limits for bodily injury and death shall not be less than 11 $500,000 for one person and $1,000,000 per occurrence. Limits for property damages shall �2 be not less than $200,000 for each occurrence. The City shall be included as an also insured �3 on liability and property damage policies. �4 P. All Costs Responsibility of Developer. The Developer agrees to pay for all costs incurred 15 of whatever kind of nature in order to construct the improvements required by the City's �6 regulations. The City shall not be obligated to pay the Developer or any of its agents or 17 contractors for any costs incurred in connection with the construction of the improvements, �8 or the development of the property. The Developer agrees to defend, indemnify, and hold the �9 City harmless from any and all claims of whatever kind or nature which may arise as a result 20 of the construction of the improvements, the development of the property or the acts of the 2 � Developer, its agents or contractors in relationship thereto. 22 1. The Developer shall defend, indemnify, and hold the City and its officers and employees 23 harmless from claims made by itself and third parties for damages sustained or costs incurred 24 resulting from plat approval and development. The Developer shall defend, indemnify, and hold 25 the City and its officers and employees harmless for all costs, damages or expenses which the 26 City may pay or incur in consequence of such claims, including attorney's fees. 27 2. The Developer shall pay, or cause to be paid when due, and in any event before any penalty 28 is attached, all charges referred to in this Contract. This is a personal obligation of the Developer 29 and shall continue in full force and effect even if the Developer sells one or more lots, the entire 30 plat, or any part of it. 3� 3. The Developer shall pay in full all bills submitted to it by the City for obligations incurred 32 under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City 33 may halt plat development work and construction including, but not limited to, the issuance of 34 building permits for lots which the Developer may or may not have sold, until the bills are paid 35 in full. Sills not paid within thirty (30) days shall accrue interest at the rate of nine percent (9%) 36 per year. 37 4. In addition to the charges referred to herein, other charges may be imposed such as, but not 3s limited to, sewer availability charges (" SAC") , City water connection charges, City sewer 39 connection charges, City storm water connection charges and building permit fees. 40 Q. Default. In the event of default by the Developer as to any of the work to be performed by it 4� hereunder, the City may, at its option, perform the work and the Developer shall promptly 42 reimburse the City for any expense incurred by the City, provided the Developer is first given 43 notice of the work in default, not less than 48 hours in advance. This Contract is a license for Page 6 of 8