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<br />628764v3MU210-262
<br />and save the City, and its officials, agents, and employees, harmless from all such claims, demands,
<br />damages, and causes of action and the costs, disbursements, and expenses of defending the same,
<br />including but not limited to, attorneys’ fees, consulting engineering services, and other technical,
<br />administrative, or professional assistance. Nothing in this Agreement shall constitute a waiver or
<br />limitation of any immunity or limitation on liability to which the City is entitled under Minnesota
<br />Statutes, Chapter 466 or otherwise.
<br />
<br /> This Section 3.10 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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<br />3.11. Developer’s Default. In the event of default by the Developer as to any work or undertaking
<br />required by this Agreement, the City may, at its option, perform the work and the Developer shall
<br />promptly reimburse the City for any expense incurred by the City in doing so. This Agreement is a
<br />license for the City to act, and it shall not be necessary for the City to seek an order from any court
<br />for permission to enter the Subdivision Property for such purposes. If the City does any such work,
<br />the City may, in addition to its other remedies, levy special assessments against the lots within the
<br />subdivision to recover the costs thereof. For this purpose, the Developer, for itself and its successors
<br />and assigns, expressly waives any and all procedural and substantive objections to the special
<br />assessments, including, but not limited to, hearing requirements and any claim that the assessments
<br />exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns,
<br />also waives any appeal rights otherwise available pursuant to Minnesota Statutes Section 429.081,
<br />provided the amount levied does not exceed the expenses actually incurred by the City. Further, the
<br />City may, at its option, as an additional remedy, recover expenses actually incurred by the City, in the
<br />manner provided by Minnesota Statutes, Section 415.01, 366.011 and 366.012, and the Developer
<br />hereby consents to the levy of such assessments without notice or hearing and waives its rights to
<br />appeal such assessments pursuant to such Minnesota Statutes, provided the amount levied does not
<br />exceed the expenses actually incurred by the City pursuant to this Agreement.
<br />
<br />3.12. Compliance with Existing Laws. The Developer warrants that all obligations performed
<br />pursuant to this Agreement shall be in compliance with existing Federal, State and City laws,
<br />ordinances, pertinent regulations, standards, and specifications of the City.
<br />
<br />3.13. Building Permits. This Agreement does not include the approval of a building permit for
<br />any structures within the Subdivision. The Developer must submit and the City must approve
<br />building plans prior to an application for a building permit for a structure on any lot within the
<br />Subdivision. The Developer or the parties applying for any building permit shall be responsible
<br />for payment of the customary fees associated with said building permit.
<br />
<br />3.14. Miscellaneous Provisions.
<br />
<br />A. The Developer represents to the City that the development of the Property, the
<br />Subdivision, and the plat will comply with all city, county, state, and federal laws and regulations
<br />including, but not limited to: subdivision ordinances, zoning ordinances and environmental
<br />regulations. If the City determines that the Subdivision, plat, or the development of the Property
<br />does not comply, the City may, at its option, refuse to allow construction or development work on
<br />the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease
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