12-09-24-R - Laserfiche WebLink

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authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 21. LANDSCAPING. Prior to the issuance of a building permit, a landscape financial security in the amount of 125% of the estimated cost of the landscaping shall be submitted by Developer. See requirements in Staff Report of Planning Case 24-009 dated July 22, 2024. The Landscape financial security shall be held for two full growing seasons. For any landscaping or screening that is not in accordance with the approved plans at the end of two growing seasons, Developer will replace the material to the City's satisfaction before the guaranty is released. The City may, at its sole discretion, use the proceeds of the performance guaranty to accomplish performance. 22. RESERVED. 23. SPECIAL PROVISIONS. The following special provisions shall apply to the Development: 22, 2024. A. Implementation of the conditions listed in Resolution No. 2024-037, of July B. Implementation of the recommendations listed in the PW/Engineering Division Preliminary Engineering Memorandum dated June 27, 2024. C. Implementation of the recommendations listed in the Staff Report Memorandum dated July 22, 2024. 9