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permits until the approved certified grading plan is on file with the City and all erosion control measures are <br />in place as determined by the City Engineer. <br />18. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from <br />construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction in the <br />plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street <br />cleaning, and street sweeping. <br />19. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION <br />OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering <br />administration will include monitoring of construction observation, consultation with Developer and his <br />engineer on status or problems regarding the project, coordination for final inspection and acceptance, <br />project monitoring during the warranty period, and processing of requests for reduction in security. Fees for <br />this service shall be at standard hourly rates. Developer will provide a $1,500.00 escrow, which is separate <br />and in addition to any other escrow funds for this developer/development. The Developer shall pay for <br />construction observation performed by the City's consulting engineer. Construction observation shall <br />include part or full time inspection of proposed public utilities and will be billed on standard hourly rates. <br />20. 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, the Developer hereby authorizes the City to <br />commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District <br />Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the <br />funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and <br />dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District <br />Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. <br />21. SANITARY SEWER TRUNK CHARGE. Not Applicable <br />22. WATER TRUNK CHARGE. Not Applicable <br />187184v1 <br />