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7B, McDonald's Master and Final Planned Unit Development
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7B, McDonald's Master and Final Planned Unit Development
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10/24/2024 10:31:30 AM
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2/25/2011 2:35:32 PM
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2/28/11 Regular City Council Meeting
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B. The City may suspend any work, i�nprovernent, ar obligation to be performed by <br />the City. <br />C. The City nnay collect on the appropriate security bond, irrevocable Ietter o� credit, <br />cash deposit or other security applicable to the redevelopmeni of the Property. <br />D. The City may deny building and occupancy permits �or buildings within the <br />redevelopment project. <br />E. The City may, at its optian, in regard to landscaping improvements and in regard <br />to damages caused to public or private property as a resuli of the construction of <br />the redevelopment projec� on tl�e Property, subject to the determination af the <br />Ciry, perforrn the work to be performed by ihe Developer, in which case the <br />Developer sha11, within thirty (30) days after written biiling by the City, reixn.burse <br />the City for any commercially reasonable costs and expenses incurred by the City. <br />Tn ihe alternative, the City rn.ay, in whole or in part, specially assess az�y of the <br />costs and expenses incurred by the City; and the Developer hereby waives any <br />and all procedural and substantive objections to the isolation o� the landscaping <br />improvements and the special assessments resuIting there from, inclucling but not <br />limited to, the hearing requirements and a�y claim that the special assessments <br />exceed benefit. With r�spect to such special assessments incurred in cases of <br />default under this provision, tlae Developer herehy waives any appeal rights <br />otherwise available pursuant to Minn. Siat. §429.081. <br />S.0 Validitv. Tf any portion, section, subsection, sentence, clause or paragraph af ihis <br />Agreement is for any reason held to be invalid, such d�cision shall not affect the validity <br />o� the r�maining partions of this Agreement. <br />9.0 Recordin�. This Agreement or a Memarandum Sum.inary thereof shall be recorded with <br />the county recorder and the Developer shall provide and execute any and ail documents <br />necessary to impler�aent the recording. <br />10.0 Bindin�greement. The parties muivally recognize and agree that al� terrns and <br />conditions of this recordable Agreement shall run with the subject Froperty, and shall be <br />binding upon the heirs, successors, administrators and assigns of ihe Developer. <br />11.0 Contract Assi nrnent. The Developer may nat assign this Agreemeni, except to an entity <br />controlled by �he Developer without ihe written permissioz� of ihe City Council. The <br />Developer's obIigations hereunder shall coniinue in full force in effect, until compl�tion <br />of the ter�ns of �his Agreement. <br />12.0 Governing Law. This Agreemeni shall be governed by and construed in accordance with <br />th� State o� Minnesota. <br />� <br />
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