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DRAFT 4.15.2004 IIII 3.03. Payment of City Costs. In addition to the costs, obligations and representations set forth in Article Two of this Agreement, the Developer agrees to reimburse the City its actual costs regarding: (i) preparing and administering this Agreement and all other documents, permits, and applications related to construction of the Improvements; (ii) processing the plat of HIDDEN HOLLOW and subdivision approvals relating to the Property; and (iii) preparing and reviewing an environmental assessment worksheet(EAW) and environmental impact statement(EIS),if required. In addition to and without limitation of the foregoing, the costs to be reimbursed by the Developer to the City shall include,but not be limited to, attorneys fees, engineering fees, inspection fees, and the costs and fees of other technical and professional assistance(including but not limited to the cost of City staff time) incurred or expended by the City on activities arising out of this Agreement, the Improvements, and other undertakings related thereto. The Developer shall, upon execution of this Agreement, deposit with the City the amount of $0.00 to be applied to payment of the costs described in this Section 3.03, provided that if such costs exceed this amount, the Developer shall, upon demand by the City,pay such additional costs to the City within ten(10)days of such demand, and provided further that the amount by which this deposit exceeds the City's actual costs, if any, shall be returned to the Developer. In the event City does not recover its costs for completing the Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Property in . the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Improvements. 3.04. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including attorney fees,in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement. 3.05. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 3.06. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 3.07. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. • SJR-245249v4 MU205-29 E-7