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04-07-2025 JDA Agenda Packet
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04-07-2025 JDA Agenda Packet
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17 <br />TW185\1\1011577.v13 <br />Administrative/ Engineering Fee. In order to cover the cost of this fee, Developer will provide a <br />$30,000.00 escrow (the “Administrative Escrow”), which is separate and in addition to any other <br />escrow funds required under this Agreement. <br />22. TCAAP DEVELOPMENT PROFESSIONAL SERVICES CHARGE. The <br />Developer shall pay a fee for the planning costs used by the JDA in its preparation of documents <br />and other associated redevelopment activities as authorized with Section 3.7.2 and 3.7.3 of the <br />Joint Powers Agreement. The fee for 2025 is $2,743.00 per acre, for total of $26,881.40 for 9.8 <br />Acres. <br />23. CLAIMS. The Developer shall indemnify and defend the JDA from and against <br />any claims made by subcontractors employed by Developer to provide labor, materials, or <br />otherwise perform work for the Project due to nonpayment from the Developer (“Subcontractor <br />Claims”). Additionally, Developer hereby authorizes the JDA, the City or the County, as <br />applicable, to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil <br />Procedure for the District Courts, to draw upon the letters of credit in an amount up to 100 percent <br />of the Subcontractor Claim(s) and deposit the funds in compliance with the Rule, and upon such <br />deposit, the Developer shall release, discharge, and dismiss the JDA, the City, or the County from <br />any further proceedings as it pertains to the letters of credit deposited with the District Court, <br />except that the Court shall retain jurisdiction to determine reasonable attorneys’ fees pursuant to <br />this Agreement. <br />24. SANITARY SEWER CHARGE. Prior to the issuance of a building permit for the <br />Project, Developer shall pay charges for sanitary sewer. The sewer connection fee will be collected <br />at the rate as adopted in the city fee schedule at the time of issuance of the building permit based <br />on per acre or portion thereof. A sewer availability fee in an amount to be determined based on
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