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<br />2021-07-12 Final Version 10 <br />final inspection and acceptance, project monitoring during the warranty period, and processing of <br />requests for reduction in security. Fees for this service shall be at standard hourly rates. <br />Developer will provide a $5,000.00 escrow, which is separate and in addition to any other <br />escrow funds for this developer/development. The Developer shall pay for construction <br />observation performed by the City's consulting engineer. Construction observation shall include <br />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 <br />others that work required by this Agreement has been performed, the sums due them have not <br />been paid, and the laborers, material, or others are seeking payment from the City, the City shall <br />notify the Developer of same and the Developer shall have ten (10) days thereafter to pay or <br />bond over such claim, failing which the Developer hereby authorizes the City to commence an <br />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 <br />deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall <br />release, discharge, and dismiss the City from any further proceedings as it pertains to the letters <br />of credit deposited with the District Court, except that the Court shall retain jurisdiction to <br />determine attorneys' fees pursuant to this Agreement. <br /> 21. SANITARY SEWER CHARGE. The Development is subject to a charge for <br />Sanitary Sewer in the estimated amount of $299,966.00 payable to the city prior issuance of a <br />building permit. The estimated sanitary sewer charges are identified below. The sewer availability <br />fee is determined based on the Metropolitan Council’s formula for calculating new sewer <br />availability charge (SAC) units. The Developer shall apply to the Metropolitan Council for a SAC