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09-23-24-R
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09-23-24-R
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plan certified by a registered land surveyor or engineer that addresses all items in the engineering <br />review as outlined in the July 22, 2024 Staff Report on page 22. Swales, and ditches for public <br />drainage, if applicable, have been constructed on public easements or land owned by the City. <br />Notwithstanding the foregoing, the City may issue building permits to the Developer, prior to <br />completion of all grading, provided the City Engineer has determined that adequate erosion control <br />measures are in place. The "as constructed" plan shall include field verified elevations of the <br />following: a) location and elevations along all swales, and ditches, and b) lot corner elevations. <br />The City will withhold issuance of building permits until the approved certified grading plan is on <br />file with the City and all erosion control measures are in place as determined by the City Engineer. <br />14. 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 Development, the Developer shall identify in writing a responsible party <br />and schedule for erosion control, street cleaning, and street sweeping. <br />15. 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 reasonable attorneys' fees pursuant to this Agreement. <br />
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