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<br />17 <br />188032v2 <br /> J. If building permits are issued prior to the acceptance of public improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of public improvements and <br />damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one <br />may occupy a building for which a building permit is issued on either a temporary or permanent basis until <br />the streets needed for access have been paved with at least one lift of bituminous surface and the utilities are <br />accepted by the City Engineer in writing. <br /> K. Each right, power or remedy herein conferred upon the City is cumulative and in addition <br />to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law <br />or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or <br />otherwise so existing may be exercised from time to time as often and in such order as may be deemed <br />expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, <br />power or remedy. <br />L. The Developer will pay in full all invoices submitted to it by the City within sixty (60) <br />days after receipt which reasonably evidence those costs incurred in the drafting, enforcement and <br />supervision of this Agreement, including reasonable engineering, planning, and attorney's fees. If the <br />invoices are not paid on time, the City may halt all development work until the invoices are paid in full. <br />Invoices not paid within sixty (60) days shall be subject to an eight percent (8%) per annum interest <br />charge. <br />M. 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. <br />Following construction, a certification signed by the design engineer shall be filed with the City Engineer <br />evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. <br />All retaining walls the development plans, or special conditions referred to in this Agreement required to be