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ARTICLE III <br />UNDERTAKINGS BY DEVELOPER AND CITY <br />Section 3.1. Reimbursement of Costs of Constructing <br />Public improvements. As consideration for the execution of <br />this Agreement and the construction of the Public Improvements <br />by the Developer, subject to the further provisions of this <br />Agreement, including but not limited to the limitations on <br />source of reimbursement and amount set forth in Section 3.4 <br />hereof, the City agrees to reimburse the Developer for certain <br />of the costs of constructing the Public Improvements which <br />Public Improvements are more particularly described on Exhioit <br />D attached to this Agreement. <br />Section 3.2. Construction of Public Improvements. <br />(a) The Developer shall arrange for the construction of <br />the Public Improvements on behalf of the City. The Developer <br />agrees to arrange for the construction of the Public <br />Improvements in accordance with the applicable provisions of <br />Minnesota law relating to the construction of imprc.vements on <br />behalf of a municipality, including specifically the <br />competitive bidding requirements of Minnesota law. The <br />obligation of the City to reimburse the Developer for certain <br />costs of the Public Improvements shall additionally be subject <br />to the further provisions of this Agreement, including <br />specifically Sections 3.3 and 3.4 hereof. <br />(b) The Public Improvements shall be constructed in <br />accordance with the following procedure: <br />(1) The Developer shall, at its own expense, <br />arrange for design and preparation of plans and <br />specifications for the Public Improvements by a <br />professional registered engineer, which plans and <br />specifications will be reviewed by the City to <br />assure that they comply with the City's <br />specifications; <br />(2) The Developer shall solicit competitive <br />bids which the City staff shall review prior to <br />acceptance. The Developer shall not accept a bid <br />if the City staff finds it unreasonable; provided, <br />however, that the Developer may accept a bid which <br />in the judgement of the City staff is unreasonable <br />but amounts paid pursuant to such bid or contract <br />may not be reimbursed pursuant to Section 3.4 <br />hereof; <br />E:3 <br />