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F. Compliance with City Re ul� ations. During the redevelopment of the �roperty,
<br />DeveIoper shall comply with all applicable City Regulations, inc�uding but not
<br />Iimited to, the Building Code, Fire Code, and the Zor�ing Code. If th�re is a
<br />conflict between the City's Zoning Regulations and the pravisions of this
<br />Agreement, the provisions of this Agreerneni shall control.
<br />G. Sidewalk Improve�nents. As part of the redeve�opment of the Property, the
<br />Developer is obligated to construct a sidewalk within the public right-of-way.
<br />The sidewalk co�struciion would normally be comp�eted concurrently with the
<br />rede�elopment of ihe Property. Hovvever, the City intends to make sidewalk and
<br />road improvements adjacent ta the Property at a future date.
<br />In orcler to avoid unnecessary duplication o� construction costs, Dev�loper and
<br />City agree that the side�valk improvements will �e included in a future City
<br />project. Developer agrees the sidewalk improvements, if constructed in 2011,
<br />would confer a special benefit on the Property in the amount of $16,050 ("2011
<br />Base Amaunt"}. When the City project is constructed, Developer agrees that the
<br />City �nay specially assess the Property in an amount equal to the 2011 Base
<br />Amount multiplied by a fraction, the numerator of which is the �ngineer news
<br />record index for construction materials for the month in which the City awa�rds the
<br />construction contraci; and t�ie denominator of which is the engineer news record
<br />inciex £or construction materials �or May, 2011. The Developer, her�by for itsel�,
<br />its successors and assigns, waives all hearing notices and rights of appeal, whic�
<br />wouid normally apply to a City improvement project constructed and specially
<br />assessed, pursuant to the provisions of Minnesota Statutes §429.
<br />H. Tem orar Canstruction Access. Deve�oper shall, without cost ta City, provide
<br />the City, its contrac�ors and agents, access to ihe portion of the Property adjacent
<br />to ihe proposed sidewalk. The City shall, ai its cost, restore amy af ihe Property
<br />which is disturbed as a result of the sidewalk canstruction.
<br />4.0 Indemnifcation of Cit . DeveIoper shall and does hereby indemnify, defend and hold
<br />ihe City, its council, agents, ezx�ployees, attarneys and representatives harrr�less againsi
<br />and in respect to any and all claims, demands, actions, suits, proceedings, las�es, costs,
<br />expenses, ob�igations, liabilities, damages, recaveries and deficiencies, including interest,
<br />penalties and attorneys fees, including withaut limitation, any litigation which may be
<br />cozx�menced by Developer, that the Ci�y incurs or suffers, which arise out of and resuli
<br />fr4m or relate to any ai the following:
<br />A. Failure of the Developer to observe or perform any covenant, condition,
<br />obligation or agreement on its part, either j ointly or severally, �o be observed and
<br />performed under the terms of this Agreeme�t;
<br />B. Failure of Developer to pay contractors, subcontractors, laborers, or material men;
<br />C. �ailure of ihe Developer to pay for materials;
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