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<br />628764v3MU210-262
<br />adequate access and utilities. All of the City’s costs associated with said acquisition, including, but
<br />not necessarily limited to, administrative costs, appraisal costs, attorneys’ fees, filing fees, real estate
<br />costs, commissioners fees, and owners’ fees, shall be the responsibility of the Developer and shall be
<br />reimbursed to the City by the Developer in accordance with Section 2.05 of this Agreement.
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<br />2.02. Platting. The Developer shall plat the Subdivision Property in accordance with the Mounds
<br />View City Code, this Agreement, state statutes, and any City approvals. Prior to approval of the
<br />final plat by the City, the Developer shall amend the preliminary plat as required by any preliminary
<br />plat approval, the Mounds View City Code, this Agreement, City consultants, and state statutes.
<br />The City shall be under no obligation to consider a resolution authorizing any condemnation
<br />related to the Public Improvements and the acquisition necessitated thereby unless and until the
<br />Developer has submitted a completed application for preliminary plat approval and has further
<br />provided the City with any assurances as it may require to show that the Developer will remain in
<br />full compliance with Section 2.05 of this Agreement.
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<br />2.03. Permits. The Developer shall obtain any necessary permits from the City, the Minnesota
<br />Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota
<br />Department of Health, the Minnesota Department of Transportation, Ramsey County, and any other
<br />agency that may have jurisdiction over the Subdivision Property before proceeding with any
<br />construction.
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<br />2.04. Property Monumentation. The Developer agrees to install all Subdivision monumentation
<br />(permanent) within six (6) months from the date of recording of the final plat, and shall submit to
<br />the City written certification by a licensed land surveyor that the required monuments have been
<br />installed throughout the plat. All monuments shall be marked with a steel or fiberglass post to allow
<br />for easy location following their installation.
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<br />2.05. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding:
<br />(i) preparing and administering this Agreement and all other documents, permits, and applications
<br />related thereto; (ii) processing the plat and any other approvals relating to the Property and the
<br />development contemplated herein; and (iii) acquiring the right-of-way necessary for the Public
<br />Improvements as provided in Section 2.01(B). In addition to and without limitation of the foregoing,
<br />the costs 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 professional
<br />assistance (including but not limited to the cost of City staff time) incurred or expended by the City
<br />on activities arising out of this Agreement, and other undertakings related thereto. The Developer has
<br />submitted $5,000 to the City to be applied to payment of the costs described in this Section 2.05,
<br />provided that if such costs exceed this amount, the Developer shall, upon demand by the City, pay
<br />such additional costs to the City within 10 days of such demand, and provided further that the amount
<br />by which this deposit exceeds the City’s actual costs, if any, shall be returned to the Developer.
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<br />In the event City does not recover its costs under the provisions of this Section 2.05, as an
<br />additional remedy, City may, at its option, assess equally the parcels that make up the Property in the
<br />manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of
<br />such special assessments without notice or hearing and waives its rights to appeal such assessments
<br />pursuant to Minnesota Statutes, Section 429.081, provided the total amount collectively levied,
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