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<br />518333v9 DTA MU205-47
<br />the Authority, and its officials, agents, and employees, harmless from all such claims,
<br />demands, damages, and causes of action and the costs, disbursements, and expenses of
<br />defending the same, including but not limited to, attorney fees, consulting engineering
<br />services, and other technical, administrative or professional assistance. Nothing in this
<br />Agreement shall constitute a waiver or limitation of any immunity or limitation on liability
<br />to which the Authority is entitled under state law or otherwise.
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<br />19. Payment of EDA/City Costs. The Developer agrees to reimburse the Authority and the City
<br />its actual costs regarding: (i) preparing and administering this Agreement and all other
<br />documents, permits, and applications related thereto; (ii) processing the plat required by this
<br />Agreement and all other subdivision approvals relating to the Property; and (iii) preparing
<br />and reviewing an environmental assessment worksheet (EAW) and environmental impact
<br />statement (EIS), if required. In addition to and without limitation of the foregoing, the costs
<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 19,
<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.
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<br />In the event City does not recover its costs under the provisions of this section 19, 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 19, does not exceed the expenses
<br />actually incurred by the City pursuant to this Agreement.
<br />
<br />This section 19 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.
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