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party acting on behalf of an affiliate of Developer will be well seized in fee title of the Development/RPUDA/PUD#8 <br /> property prior to issuance of the building permit and/or has obtained consents to this Contract, in the form attached <br /> hereto, from all parties who have an interest in the property; that Developer knows of no unrecorded interests in the <br /> Development/RPUDA/PUD #8 property; and that the Developer will indemnify and hold the City harmless for any <br /> breach of the foregoing covenants. <br /> I. Developer shall take out and maintain or cause to be taken out and maintained until six(6) <br /> months after the City has accepted the public improvements,public liability and property damage insurance covering <br /> personal injury,including death,and claims for property damage which may arise out of Developer's work or the work <br /> of its subcontractors or by one directly or indirectly employed by any of them.Limits for bodily injury and death shall <br /> be not less than$500,000 for one person and$1,000,000 for each occurrence; limits for property damage shall be not <br /> less than$200,000 for each occurrence; or a combination single limit policy of$1,000,000 or more.The City shall be <br /> named as an additional insured on the policy on a primary and noncontributory basis,and the Developer shall file with <br /> the City a certificate evidencing coverage prior to final development approval by the Orono City Council. The <br /> certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the <br /> insurance. <br /> J. Each right,power or remedy herein conferred upon the City is cumulative and in addition to <br /> every other right,power or remedy, express or implied,now or hereafter arising,available to City,at law or in equity, <br /> or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing <br /> may be exercised from time to time as often and in such order as maybe deemed expedient by the City and shall not <br /> be a waiver of the right to exercise at any time thereafter any other right,power or remedy. <br /> K. Except as otherwise permitted herein,the Developer may not assign this Contract without the <br /> written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect <br /> even if the Developer sells the Development/RPUDA/PUD#8 or any part of it. <br /> L. 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. Following <br /> construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the <br /> 6/12/14;MPG 9/16/14 14 Orono/Oliver Hill/No. 13-3637 81.14-3685 <br /> 176712v2 <br />