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18 <br />LA515\150\1011808.v2 <br />28. RESPONSIBILITY FOR COSTS. <br /> <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 <br />retain jurisdiction to determine attorneys' fees pursuant to this Agreement. <br />B. Except as otherwise specified herein, the Developer shall pay all costs incurred by <br />it or the City in conjunction with the development of the Subdivision, including but <br />not limited to legal, planning, engineering, and inspection expenses incurred in <br />connection with the City’s approval and acceptance of the plat and the Subdivision, <br />the preparation of this Agreement, the City’s review of construction plans and <br />documents, and all costs and expenses incurred by the City in monitoring and <br />inspecting development of the Subdivision. All amounts incurred and due to the City <br />at the time of the recording of the final plat must be fully paid by the Developer before <br />the City will execute and release the final plat for recording. <br />C. The Developer shall hold the City and its officials, employees, and agents harmless <br />from claims made by itself and third parties for damages sustained or costs incurred <br />resulting from the City’s approval of the plat and the development of the Subdivision. <br />The Developer shall indemnify and defend the City and its officials, employees, and <br />agents for all costs, damages, or expenses which the City may pay or incur in