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#09 - Royal Golf 5th Addn DA
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#09 - Royal Golf 5th Addn DA
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2/18/2025 8:24:06 PM
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<br /> 18 <br />LA515-119-849077.v5 <br />delays in completion of public Subdivision Improvements and damage to public <br />Subdivision Improvements caused by the City, the Developer, the Developer’s <br />contractors, subcontractors, materialmen, employees, agents, or any third parties. <br />H. If the City issues building permits before the construction of front yard sidewalks or <br />trails, the Developer assumes all responsibility for the coordination, liability and costs <br />to; 1) ensure that the sidewalks and trails are constructed prior to any driveways for <br />any lots with sidewalks or trails; 2) that the sidewalks and trails are constructed <br />continuously from end of street to end of street without exceptions or gaps in the <br />sidewalk or trail; 3) that there is a stop work order on all building construction for <br />impacted lots during the sidewalk and trail construction and curing periods to prohibit <br />traffic before City approval; and 4) that all boulevard grading and restoration re-work <br />is completed immediately following the sidewalk or trail construction. <br />I. No sewer and water connection permits may be issued until the streets needed for <br />access have been paved with a bituminous surface and the utilities are tested and <br />approved by the City Engineer. <br />27. RESPONSIBILITY FOR COSTS. <br />A. In the event that the City receives claims from labor, materialmen, or others that work <br />required by this Agreement has been performed and the amounts due to them have <br />not been paid, and the laborers, materialmen, or others are seeking payment from <br />the City, the Developer hereby authorizes the City to commence an Interpleader <br />action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District <br />Courts, to draw upon the Security in an amount up to 125 percent of the claim(s) and <br />deposit the funds in compliance with the Rule, and upon such deposit, the Developer <br />shall release, discharge, and dismiss the City from any further proceedings as it <br />pertains to the funds deposited with the District Court, except that the Court shall
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