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05-27-25-R
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05-27-25-R
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6/20/2025 6:25:58 PM
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<br /> <br />9 <br />foregoing, the City will issue building permits to the Developer, prior to completion of all grading, <br />provided the City Engineer has determined that adequate erosion control measures are in place. <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 laborers, material <br />providers, or others that work Developer is required to perform and pay for under this Agreement <br />has been performed, the sums due them have not been paid, and the laborers, material providers, <br />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 <br />District Courts, to draw upon the letters of credit in an amount up to 125 percent of the claim(s) <br />and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall <br />release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of <br />credit deposited with the District Court, except that the Court shall retain jurisdiction to determine <br />attorneys’ fees pursuant to this Agreement. <br />16. SANITARY SEWER CHARGE. The Development is subject to charges for <br />Sanitary Sewer in the aggregate estimated amount of $402,911.60 payable to the city prior issuance <br />of a building permit. The estimated sanitary sewer charges are identified below. 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 for
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