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2004-08-09 EW Escrow AgreementEAW ESCROW AGREEMENT WHEREAS, Minnesota Development Agency ("Developer") has requested that the City of Albertville ("City") prepare, publish and process an Environmental Assessment Worksheet ("EAW") for the proposed development of The Cove's of Hunters Lake in the City of Albertville; and WHEREAS, The City requires that the Developer post a cash escrow to pay for the City's costs of processing the Developer's proposed plat and EAW, and permit the City to draw upon said escrow to pay for said processing expenses; NOW, THEREFORE, the City and Developer agree as follows: The Developer agrees to pay all costs incurred by the City in processing the EAW, including all legal, planning, engineering, publication and other costs resulting from the EAW processing, the preparation of this agreement, and the enforcement of this agreement. The Developer shall also pay all costs incurred by the City in addressing and processing Developer's concept plan and preliminary plat (if any) for The Cove of Hunters Lake. 2. Prior to the City publishing notice of the EAW as required by law, the Developer shall post a cash escrow with the City in the amount of $2,000. The City shall be permitted to draw on the cash escrow to pay all such EAW and development - related expenses described in paragraph 1 above. 3. In the event the escrow is insufficient to cover such costs, the Developer shall reimburse the City for all unreimbursed costs incurred within 30 days of billing of such costs to the Developer by the City. 4. This Agreement shall not obligate the City to approve the EAW or otherwise restrict conditions that the City may impose as part of the EAW process, nor shall it obligate the City to approve Developer's concept plan or preliminary plat. Dated: August 9, 2004 MINNESOTA DEVELOPMENT AGENCY CITY OF ALBERTVILLE 6 W2" By: Matt Froelich Larry R. se, City Administrator I � Bridget Milkr, Clerk