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5 <br />628764v3MU210-262 <br />together with 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, recover <br />expenses actually incurred by the City, in the manner provided by Minnesota Statutes, Section 415.01, <br />366.011 and 366.012, and the Developer hereby consents to the levy of such assessments without <br />notice or hearing and waives its rights to appeal such assessments pursuant to such Minnesota <br />Statutes, provided the amount collectively levied, together with the funds deposited with the City, <br />does not exceed the expenses actually incurred by the City pursuant to this Agreement. <br /> <br /> This Section 2.05 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 />2.06. Additional Requirements. The Developer shall satisfy, complete and abide by all <br />requirements set forth in any City approvals, including adequately addressing all items as may be <br />directed by the City Attorney, City Engineer or others with review and approval authority of the <br />City including any plat, or engineer opinions and the City Attorney’s plat opinion, and all adopted <br />City ordinances and resolutions affecting the Property, all of which are incorporated herein by <br />reference as if fully set forth in this Agreement. <br /> <br />2.07. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the <br />Developer contained in this Agreement or set forth in federal, state, or local law, the Developer agrees <br />to comply with any dedication requirements, including park dedications or payments in lieu which <br />may be required by the City’s subdivision regulations. Such requirements may be memorialized in <br />the preliminary and final plat approval resolutions. <br /> <br /> The Developer further expressly acknowledges and agrees that all easements and other <br />rights in the Subdivision Property necessary and related to the City’s control over the public <br />dedications (all of which shall be described in the plat required by the City’s subdivision <br />regulations), shall inure to the City upon the Developer’s compliance with this Agreement and <br />approval and recording of a final plat as set forth in the City’s subdivision regulations. <br /> <br />2.08. City Attorney Review; Title Work. Prior to recording the final plat with Ramsey County, the <br />Developer agrees to provide the City with a current title work for the Property identifying any other <br />entity with a legal interest in the Property, including but not limited to any entity with a mortgage <br />interest, easement interest, etc. Any plat approval is subject to the Developer’s compliance with this <br />provision. <br /> <br />The Developer shall provide an updated and certified Abstract of Title and/or Registered Property <br />Abstract as required by Minn. Stat. § 505.03, or in the alternative, the Developer must provide an <br />updated Commitment for a Title Insurance Policy for the Subdivision Property naming the City as <br />the proposed insured and with the amount of coverage for this policy being equal to $100,000.00 per <br />acre dedicated to the City (including but not limited to streets, rights-of-way, park dedication, and <br />drainage and utility easements). The above-mentioned evidence of title shall be subject to the review <br />and approval of the City Attorney to determine what entities must execute the final plat and other <br />documents to be recorded against the Subdivision Property. In the event the Developer provides the <br />City with a Commitment for a Title Insurance Policy, the Developer shall cause a Title Insurance <br />Policy to be issued consistent with the Commitment for a Title Insurance Policy provided by the