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(11) Insurance. The Developer and contractor shall acquire public liability and property damage <br />insurance covering personal injury, including death, and claims for property damage which may arise <br />out of the Developer's work or the work of their subcontractors or by one directly or indirectly <br />employed by any of them. The insurance must be maintained until six (6) months after the City has <br />accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for <br />one person and $1,000,000 for each occurrence; limits for property damage shall be not less than <br />$200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City <br />shall be named as an additional insured on the policy on a primary and noncontributory basis, and <br />the Developer and contractor shall file with the City a certificate evidencing coverage prior to the <br />City signing the plat. The certificate shall provide that the City must be given ten (10) days advance <br />written notice of the cancellation of the insurance. <br />(12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and <br />in addition to every other right, power or remedy, express or implied, now or hereafter arising, <br />available to City, at law or in equity, or under any other agreement, and each and every right, power <br />and remedy herein set forth or otherwise so existing may be exercised from time to time as often and <br />in such order as may be deemed expedient by the City and shall not be a waiver of the right to <br />exercise at any time thereafter any other right, power or remedy. <br />(13) Assignment. The Developer may not assign this Agreement without the written permission <br />of the City Council. The Developer's obligation hereunder shall continue in full force and effect <br />even if the Developer sells one or more lots, the entire plat, or any part of it. <br />19. Notices. All notices and demands specified herein shall be deemed appropriately and timely given <br />when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by <br />certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by <br />written notice given as above: <br />If to the City at: City of Elk River <br />Attn: City Administrator <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Developer at: RP3, LLC <br />Attn: Alan Roessler <br />3495 Northdale Blvd. NW <br />Suite 210 <br />Coon Rapids, MN 55448 <br />13 <br />