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03-11-24-R
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03-11-24-R
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18. CLEAN UP. The Developer shall clean dirt and debris from streets that has <br />resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior <br />to any construction in the PUD, the Developer shall identify in writing a responsible party and <br />schedule for erosion control, street cleaning, and street sweeping. <br />19. CITY ENGINEERING ADMINISTRATION. The Developer shall pay a fee for <br />administration, legal, and engineering administration. City engineering administration will <br />include consultation with Developer and Developer's engineer on design, construction status or <br />problems regarding the project, and coordination for final inspection and acceptance. Fees for <br />this service shall be at standard hourly rates provided by the City's consulting engineer. Developer <br />will provide a $11,500.00 escrow, which is separate and in addition to any other escrow funds for <br />this developer/development. <br />20. CLAIMS. In the event that the City receives claims from labor, material, or others <br />that work required by this Agreement has been performed, the sums due them have not been paid, <br />and the laborers, material, or others are seeking payment from the City, the Developer hereby <br />authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of <br />Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 <br />percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, <br />the Developer shall release, discharge, and dismiss the City from any further proceedings as it <br />pertains to the letters of credit deposited with the District Court, except that the Court shall retain <br />jurisdiction to determine attorneys' fees pursuant to this Agreement. <br />21. LANDSCAPING. Prior to the issuance of a building permit, a landscape financial <br />security in the amount of 125% of the estimated cost of the landscaping shall be submitted by <br />Developer. See requirements in Report of Planning Case 23-024, Memorandum of Community <br />9 <br />230080v2 <br />
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