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. � <br /> � one year warranty period on streets shall commence aRar the final wear oourse has been installed aad . <br /> acceQted by the City Council as documented in official City minutes. The Developer shal! post a <br /> maintenance bond, [et#er of credit or cash deposit{the "Maintenance Security") in an amount reasonably <br /> determined by the City�ngineer. The City Engineer shal(e:tamine the condition af the Improvements when <br /> determining the amount of the Nlaintenance Security. The City shall retain ten percent(1Q%)of the security ' <br /> until the M�intenance Security is furnislied the City or until the warranty parfod e:tpires, whichever fsrst <br /> occurs. The retainage may be used to pay for waaanty work.The City standard specifications for utilities <br /> and street construction identify the procedures for final acceptanee af streets and utilities. <br /> 27. RESI'ONSIBT�,YT'Y FOR COSTS. <br /> � A, Except as othenvise specif'ied herein,the beveloper shall pay all costs �curred by <br /> it or the City in conjunction ivith the development of ihe �.and, inc(uding but nat limited to T�ennepin <br /> � County Environmenta[ Services and Minnehaha Creek �Vatershed District charges, Iegal, planning, , <br /> engineering and inspectiott expenses incurred in connection with approval and acceptance of the Plut, the � <br /> preparation of this Contract, review of construction plans and documents, und al! costs and expenses <br /> incurred by,the City in monitoring apd inspecting devetopment of the Land, ?he City may draw on the <br /> letter of credit provided in pAragraph 24 to pay for any and t�ll cosis or exgenses not promptly reimbursed to � <br /> the City by the Developer. <br /> B. The Devetoper shap hold the City and its officers,employees,aad agents harruless <br /> &om claims made by itself and third parties for damages sustained or costs incurred resulting from PIAt <br /> approval and Jeve3opment of ttie Land. The Developer shali indemnify the City and its offecers,employees, <br /> and agents for all costs, damages, or expenses whict� the City may pay or incur 'tn consequence of such <br /> • claims,including attomeys'fees. • <br /> • C. �he Developer shall re'tmburse the City for reasonable costs incurred in the . <br /> F . . . <br /> enforcement of this Contract,inciuding engineering and attomeys'fees. � <br /> � D. The Developer shall pay, or cause to be peid when due, and in any event before <br /> any penalty is attached, alt special assessments referred to in this Contract. This is an obligation of the <br /> 152891 v03 • � 12 ORONO:Knzc�Two <br /> S\�f/srn:rQ7/2312010 (Andrade Land Com�any!MscKinnon) <br /> . . <br />