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DRAFT 4.5.2022
<br />or cause of action of any kind or character arising out of or by reason of the execution of this
<br />Agreement or the performance and completion of this Agreement, except for claims arising
<br />out of the gross negligence or willful misconduct of the Authority. The Developer, and the
<br />Developer's successors or assigns, agree to protect, defend and save the Authority, and its
<br />officials, agents, and employees, harmless from all such claims, demands, damages, and
<br />causes of action and the costs, disbursements, and expenses of defending the same, including
<br />but not limited to, attorney fees, consulting engineering services, and other technical,
<br />administrative or professional assistance. Nothing in this Agreement shall constitute a waiver
<br />or limitation of any immunity or limitation on liability to which the Authority is entitled under
<br />state law or otherwise.
<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 and
<br />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 Authority and the City shall include, but not be
<br />limited to, attorneys' fees, engineering fees, inspection fees, and the costs and fees of other
<br />technical and professional assistance (including but not limited to the cost of the Authority
<br />and City staff time) incurred or expended by the Authority and the City on activities arising
<br />out of this Agreement, and other undertakings related thereto. The Developer has previously
<br />deposited with the Authority and the City the amount of $ .00 to be applied to
<br />payment of the costs described in this section 19, provided that if such costs exceed this
<br />amount, the Developer shall, upon demand by the Authority and the City, pay such additional
<br />costs to the Authority and the City within 10 days of such demand, and provided further that
<br />the amount by which this deposit exceeds the Authority's and the City's actual costs, if any,
<br />shall be returned to the Developer.
<br />In the event the Authority and City do not recover their costs under the provisions of this
<br />section 19, as an additional remedy, the Authority and City may, at their option, assess the
<br />Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby
<br />consents to the levy of such special assessments without notice or hearing and waives its rights
<br />to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the
<br />amount levied, together with the funds deposited with the City under this paragraph, does not
<br />exceed the expenses actually incurred by the Authority and the City. Further, the Authority
<br />and the City may, at their option, as an additional remedy, recover expenses actually incurred
<br />by the Authority and 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
<br />without notice or hearing and waives its rights to appeal such assessments pursuant to such
<br />Minnesota Statutes, provided the amount levied, together with the funds deposited with the
<br />Authority and the City under this section 19, does not exceed the expenses actually incurred
<br />by the Authority and the City pursuant to this Agreement. Finally, the Developer agrees all
<br />such unpaid amounts constitute charges for governmental services that the Authority and the
<br />City may, at their option, collect as a first in priority lien on any unsold lots and on any other
<br />property the Developer may own in the State pursuant to Minnesota Statutes, section 514.67.
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