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10 <br />518333v7 DTA MU205-47 <br />to be reimbursed by the Developer to the City shall include, but not be limited to, attorneys’ <br />fees, engineering fees, inspection fees, and the costs and fees of other technical and <br />professional assistance (including but not limited to the cost of City staff time) incurred or <br />expended by the City on activities arising out of this Agreement, and other undertakings <br />related thereto. The Developer shall, upon execution of this Agreement, deposit with the <br />City the amount of $1,500 to be applied to payment of the costs described in this section 18, <br />provided that if such costs exceed this amount, the Developer shall, upon demand by the <br />City, pay such additional costs to the City within 10 days of such demand, and provided <br />further that the amount by which this deposit exceeds the City’s actual costs, if any, shall be <br />returned to the Developer. <br /> <br />In the event City does not recover its costs under the provisions of this section 18, as an <br />additional remedy, City may, at its option, assess the Property in the manner provided by <br />Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special <br />assessments without notice or hearing and waives its rights to appeal such assessments <br />pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with <br />the funds deposited with the City under this paragraph, does not exceed the expenses <br />actually incurred by the City. Further, the City may, at its option, as an additional remedy, <br />recover expenses actually incurred by the City, in the manner provided by Minnesota <br />Statutes, Section 415.01, 366.011 and 366.012, and the Developer hereby consents to the <br />levy of such assessments without notice or hearing and waives its rights to appeal such <br />assessments pursuant to such Minnesota Statutes, provided the amount levied, together with <br />the funds deposited with the City under this section 18, does not exceed the expenses <br />actually incurred by the City pursuant to this Agreement. <br /> <br />This section 18 shall survive termination of this Agreement and shall be binding on the <br />Developer regardless of the enforceability of any other provision of this Agreement. <br /> <br />19. Events of Default Defined. Each and every one of the following shall be an Event of <br />Default under this Agreement: <br /> <br />a. Failure by the Authority or the Developer to proceed to closing on the Property after <br />compliance with or the occurrence of all conditions precedent to closing; <br /> <br />b. If the Developer shall file a petition in bankruptcy, or shall make an assignment for <br />the benefit of its creditors or shall consent to the appointment of a receiver; or <br /> <br />c. Failure by either party to observe or perform any material covenant, condition, <br />obligation or agreement on its part to be observed or performed under this <br />Agreement. <br /> <br />20. Remedies on Default. Whenever any Event of Default referred to in section 19 of this <br />Agreement occurs, the non-defaulting party may take any one or more of the following <br />actions after providing 30 days’ written notice to the defaulting party of the Event of <br />Default, but only if the Event of Default has not been cured within said thirty days or, if the <br />Event of Default is by its nature incurable within 30 days, the defaulting party does not