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construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on standard hourly rates. 20. CLAIMS. In the event that the City receives claims from labor,material,or others that work required by this Agreement has been performed,the sums due them have not been paid,and the laborers,material,or others are seeking payment from the City,the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22,Minnesota Rules of Civil Procedure for the District Courts,to draw upon the letters of credit in an amount up to 125 percent of the claim(s)and deposit the funds in compliance with the Rule,and upon such deposit,the Developer shall release,discharge,and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court,except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Agreement. 21. SANITARY SEWER AND WATER MAIN.As a condition of approval, the proposed extensions of the water main and sanitary sewer constructed within Lot 1, Lot 2 and Outlot A shall be private utility services. The Developer shall provide private access easements over these utilities to the benefit of the three lots. Public utility easements will not be required over the private water and sanitary sewer utilities within the site. 22. WATER TRUNK CHARGE.Not Applicable. Charges required for Lots 1 and 2 will be determined by the City at the time of future development and will be memorialized in development agreements for those lots. 23. SANTIARY SEWER CHARGE. Not applicable. Charges required for Lots 1 and 2 will be determined by the City at the time of future development and will be memorialized in development agreements for those lots. 24. TRAFFIC CONTROL SIGNS, STREET LIGHT AND STREET MAINTENANCE COSTS. Not Applicable. 8 211449v2