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Developer to reimburse the City for eligible expenses the City has incurred. If the balance of the <br />escrow account is insufficient to reimburse the City its costs under this Section, the Developer <br />will promptly reimburse the City any additional costs. If the eligible expenses incurred by the <br />City exceed the amount in escrow and are not promptly reimbursed by the Developer, the City <br />shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. <br />§§ 415.01 and 366.012. The Balance on deposit in the escrow, if any, shall be returned to the <br />Developer when the Development has been completed and written notification is received from <br />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 have <br />not been paid, and the laborers, material suppliers, or others are seeking payment from the City, the <br />Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, <br />Minnesota Rules of Civil Procedure for the District Courts, to draw upon the "security" in an <br />amount up to 125 percent of the claim(s) and deposit the funds in compliance with the Rule, and <br />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 the <br />standard Storm Water and Drainage Trunk Fee of $8,490 per acre calculated as follows: <br />$8,490.00 per acre x 2.07 acres = $17,574.00 <br />21. PARK DEDICATION FEE. The City Code requires dedication of 8% of the land as <br />public park, or payment of the equivalent value in cash. The City Council has determined there is <br />no need for dedication of land from the proposed development. Because of the vastly differing <br />9 <br />189563v1 <br />