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#07 - Bridgewater Village DA
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#07 - Bridgewater Village DA
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17 <br />LA515\137\947791.v5 <br />approved by the City. The Developer agrees that the failure by the Developer to <br />immediately address corrections identified by the City may result in the City <br />immediately placing a stop work order on all construction activity within the <br />Subdivision until the corrections are made to the satisfaction of the City. <br />G. No sewer and water connection permits may be issued until the streets needed for <br />access to the Subdivision have been paved with a bituminous surface and the <br />utilities are tested and approved by the City Engineer. <br />26. RESPONSIBILITY FOR COSTS. <br />A. In the event that the City receives claims from labor, materialmen, or others <br />alleging that work required by this Agreement has been performed and the <br />amounts due to them have not been paid, and the laborers, materialmen, or others <br />are seeking payment from the City, the Developer hereby authorizes the City to <br />commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil <br />Procedure for the District Courts, to draw upon the Security in an amount up to <br />125 percent of the claim(s) and deposit the funds in compliance with the Rule, and <br />upon such deposit, the Developer shall release, discharge, and dismiss the City <br />from any further proceedings as it pertains to the funds deposited with the District <br />Court, except that the Court shall retain jurisdiction to determine attorneys' fees <br />pursuant to this Agreement. <br />B. Except as otherwise specified herein, the Developer shall pay all actual costs <br />incurred by it or the City in conjunction with the development of the Subdivision, <br />including but not limited to legal, planning, engineering, and inspection expenses <br />incurred in connection with the City’s approval and acceptance of the plat and the <br />Subdivision, the preparation of this Agreement, the City’s review of construction <br />plans and documents, and all costs and expenses incurred by the City in
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