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<br />216111v1 <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 />Development, the Developer shall identify in writing a responsible party and schedule for erosion control, <br />street cleaning, and street sweeping. <br /> 19. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION <br />OBSERVATION. Not Applicable <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. The Development may be subject to a <br />charge for Sanitary Sewer payable to the city prior issuance of a building permit. The sewer <br />availability fee is determined based on the Metropolitan Council’s formula for calculating new <br />sewer availability charge (SAC) units. The Developer shall apply to the Metropolitan Council <br />for a SAC determination for the project. The Parties acknowledge that this agreement was <br />prepared prior to receiving a SAC unit determination from the Metropolitan Council, and final <br />charges will be adjusted in accordance with the adopted fee schedule for the City of Arden Hills <br />and number of SAC units. <br /> 22. WATER TRUNK CHARGE. The Development may be subject to a charge for Water <br />supply payable to the city prior issuance of a building permit. The water availability fee is