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may be required by the City's subdivision regulations. Such requirements may be memorialized in the preliminary and final plat approval resolutions. The Developer further expressly acknowledges and agrees that all easements and other rights in the Property necessary and related to the City's control over the public dedications (all of which shall be described in the plat required by the City's subdivision regulations), shall inure to the City upon the Developer's compliance with this Agreement and approval and recording of a final plat as set forth in the City's subdivision regulations. 2.14. Property Monumentation. The Developer agrees to install all permanent subdivision monumentation within six (6) months from the date of recording of the final plat, and shall submit to the City written certification by a licensed land surveyor that the required monuments have been installed throughout the plat. All monuments shall be marked with a steel or fiberglass post to allow for easy location following their installation. 2.15. Additional Requirements. The Developer shall satisfy, complete and abide by all requirements set forth in any City approvals related to the Property, including adequately addressing all items as may be directed by the City Attorney, City Engineer or others with review and approval authority of the City including any plat, or engineer opinions and the City Attorney's plat opinion, and all adopted City ordinances and resolutions affecting the Property and the proposed development. ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding: (i) preparing and administering this Agreement and all other documents, permits, and applications related to the proposed development; (ii) processing the plat and any other approvals relating to the Property and said development; and (iii) acquiring the right-of-way necessary for the Public Improvements to the extent contemplated in section 2.01(b). In addition to and without limitation of the foregoing, the costs to be reimbursed by the Developer to the City shall include, but not be limited to, attorneys' fees, engineering fees, inspection fees, and the costs and fees of other technical and professional assistance (including but not limited to the cost of City staff time) incurred or expended by the City on activities arising out of this Agreement, and other undertakings related thereto. Upon the execution of this Agreement, the Developer shall submit a cash escrow in the amount of $75,000 to the City to be applied to payment of the costs described in this section 3.01, provided that if such costs exceed this amount, the Developer shall, upon demand by the City, pay such additional costs to the City within 10 days of such demand, and provided further that the amount by which this deposit exceeds the City's actual costs, if any, shall be returned to the Developer. In the event City does not recover its costs under the provisions of this section 3.01, as an additional remedy, the City may, at its option, assess equally the parcels that make up the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the total amount collectively levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses 9 MU210-262-628764.v18