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19 <br /> <br />13.3. DEVELOPER'S CASH FEES AND CASH ESCROW REQUIREMENTS. At <br />the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall deposit <br />cash and cash escrows with the CITY for those items and in the amounts required in Exhibit <br />C. <br /> <br />13.4. BUILDER'S CASH FEES AND CASH ESCROW REQUIREMENTS. <br />DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow <br />shall be required prior to the issuance of a building permit for each lot for those items and in <br />the amount stated on Exhibit F, attached hereto. If the DEVELOPER is the only BUILDER <br />pulling building permits, the CITY, in its sole discretion, may accept an irrevocable LOC from <br />the DEVELOPER for each lot, in an amount equal to or exceeding the total amount of cash <br />escrow requirement that would otherwise be required under this paragraph. <br /> <br /> <br />ARTICLE 14 <br />MISCELLANEOUS <br /> <br />14.1. CITY'S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall <br />not be considered an affirmative duty upon the CITY to complete any DEVELOPER <br />IMPROVEMENTS. <br /> <br />14.2. ADDITIONAL IMPROVEMENTS. If the DEVELOPER fails to construct <br />the DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the <br />DEVELOPER IMPROVEMENTS. In such case, the CITY, at its option, may specially assess <br />the cost wholly or in part therefore under Minnesota Statute Chapter 429, or may draw on the <br />irrevocable LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof, <br />then the DEVELOPER hereby waives any and all procedural and substantive objections to the <br />installation of the improvements and the special assessments, including, but not lin1ited to, <br />notice and hearing requirements and any claim that the special assessments exceed the benefit <br />to the FINAL PLAT. The DEVELOPER waives any appeal rights otherwise available <br />pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that the benefit <br />from the improvements equal or exceed the amount of the special assessments. <br /> <br />14.3. NO THIRD-PARTY RECOURSE. Third parties shall have no recourse <br />against the CITY under this DEVELOPMENT AGREEMENT. <br /> <br />14.4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such <br />decision shall not affect the validity of the remaining portion of this DEVELOPMENT <br />AGREEMENT. The terms and conditions of this Agreement shall run with the land and be <br />binding on the Developer its successors and assigns. <br /> <br />14.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be <br />recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any <br />and all documents necessary to implement the recording. <br />