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08-08-16-R
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08-08-16-R
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8/5/2016 10:53:39 AM
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<br />15 <br />188068v5 <br /> 15. CLAIMS. In the event that the City receives claims from labor, material, or others that <br />work required by this Agreement has been performed, the sums due them have not been paid, and the <br />laborers, material, or others are seeking payment from the City, and the Developer fails to either contest in <br />good faith or pay the same within ten (10) business days after the Developer’s receipt of the City’s written <br />notice regarding the same, the Developer hereby authorizes the City to commence an Interpleader action <br />pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Letter of <br />Credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and deposit the funds in <br />compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the <br />City from any further proceedings as it pertains to the letters of credit deposited with the District Court, <br />except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. <br /> 16. SPECIAL PROVISIONS. The following special provisions shall apply to the <br />development: <br /> A. The Developer must obtain a sign permit from the City prior to installation of any signs <br />for the Development. <br /> B. The Developer shall abide by the City codes, permits, and reviews, except as hereinafter <br />amended. <br /> C. Developer shall provide Limited Warranty Deeds for any Outlots to be conveyed to the <br />City simultaneously with the recording of this Agreement with Ramsey County. <br /> D. The Developer will work with and follow the recommendations of Ramsey County for <br />the installation of a traffic signal at County Road F and Innovation Way and the reconfiguration of the <br />travel lanes at the sole cost and expense of Developer except as reimbursement is provided for otherwise <br />herein. If Ramsey County or the City constructs the traffic signal and related road improvement the City <br />and Developer will enter into a supplemental agreement outlining rhe timing and means of payment by <br />the Developer for those improvements.
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