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05-04-15-R
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05-04-15-R
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inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction <br />in the “security.” Fees for this service shall be at standard hourly rates. These fees shall be billed monthly, and <br />paid out of and drawn against the escrow account established by Developer for payment of all City consultant fees. <br />Any balance remaining in the escrow shall be returned to the Developer at the completion of the project. <br />Estimated cost of site improvement has been provided in Section 22 c. <br /> <br /> 16. CLAIMS. In the event that the City receives claims from labor, materialmen, or others that <br />work required by this Contract has been performed, the sums due them have not been paid, and the laborers, <br />materialmen, or others are seeking payment from the City, the Developer hereby authorizes the City to commence <br />an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw <br />upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with <br />the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further <br />proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain <br />jurisdiction to determine attorneys' fees pursuant to this Contract. <br /> <br /> 17. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public <br />utility construction, and building construction is restricted to access the subdivision via County Road E2 and New <br />Brighton Road. No construction traffic is permitted on the adjacent local streets. <br /> <br /> 18. PARK DEDICATION. The Developer shall pay a cash contribution of $51,360.00 in <br />satisfaction of the City's park dedication requirements. The charge is equal to six (6%) percent of the total land <br />area. The park dedication shall be provided prior to the execution of the Final Plat. <br /> <br />19. LANDSCAPING & TREE PRESERVATION. All landscaping including tree plantings <br />shall be installed in accordance with the approved landscape plan, Plan H. <br /> <br /> 20. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: <br /> A. Before the Developer can obtain a building permit for the site Rice Creek Watershed <br />District (“RCWD”) approval and permits are required. The City will not issue a building permit until the <br />RCWD has approved the stormwater management plans and the Developer has provided evidence that all <br />required RCWD permits have been obtained. <br /> B. Before the City releases the final plat, the Developer shall submit a Driveway easement <br />providing for cross access and maintenance agreements to be approved by the City and recorded by the Developer <br />for lots 1-6. <br /> <br />7 <br />181229v1
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