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<br /> 8 <br />212751v1 <br />withhold issuance of building permits until the approved certified grading plan is on file with the City and <br />all erosion control measures are in place as determined by the City Engineer. <br /> 18. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted <br />from construction work by the Developer, subcontractors, their agents or assigns. Prior to any <br />construction in the plat, the Developer shall identify in writing a responsible party and schedule for <br />erosion control, street 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 <br />for this service shall be at standard hourly rates. Developer will provide a $4,500 escrow, which is <br />separate and in addition to any other escrow funds for this developer/development. The Developer shall <br />pay for construction observation performed by the City's consulting engineer. Construction observation <br />shall include part or full time inspection of proposed public utilities and will be billed on standard hourly <br />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 <br />to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the <br />District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and <br />deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, <br />discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit <br />deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' <br />fees pursuant to this Agreement.