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10-10-2016 Council Packet
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10-10-2016 Council Packet
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has incurred. If the balance of the escrow account is insufficient to reimburse the City its costs <br />under this Section, the Developer will promptly reimburse the City any additional costs. If the <br />eligible expenses incurred by the City exceed the amount in escrow and are not promptly <br />reimbursed by the Developer, the City shall have the right to certify the unpaid balance to the <br />subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. The Balance on deposit in the <br />escrow, if any, shall be returned to the Developer when the Development has been completed <br />and written notification is received from the Developer requesting the funds. <br />19. CLAIMS. In the event that the City receives claims from laborers, material <br />suppliers, or others that work required by this Contract has been performed, the sums due them <br />have not been paid, and the laborers, material suppliers, or others are seeking payment from the <br />City, the Developer hereby authorizes the City to commence an interpleader action pursuant to <br />Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the "security" <br />in an amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, <br />and upon such deposit, the City shall be released, discharged, and dismissed from any further <br />proceedings as it pertains to the funds deposited with the District Court, except that the Court shall <br />retain jurisdiction to determine attorneys' fees pursuant to this Contract. <br />20. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to <br />the standard Storm Water and Drainage Trunk Fee of 57,680.00 per lot calculated as follows: <br />$7,680.00 per lot x 3 new lots = $23,040.00 <br />21. PARK DEDICATION FEE. The Land is subject to the standard City of Orono <br />Park Dedication Fee requirement. Because the value of each newly created lot in the Plat will <br />10 <br />Tanager Estates -v1 -mpg -2123116 <br />10 <br />Tanager Estates-vI-mpg-2123116 <br />1893390 <br />189339v3 <br />
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