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02-23-15-R
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02-23-15-R
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2/20/2015 5:38:44 PM
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<br /> <br />2 <br />or expert fees and expenses incurred regarding the site of this project, except for those <br />fees and expenses for legal or expert services, if any, necessary to remedy a default of <br />one or more obligations of Developer arising from the PUD Agreement Amendment or <br />the Developer’s Agreement Amendment. <br />6. Miscellaneous. <br />6.01 Primary Responsibility. This Agreement shall be administered <br />by the parties' points of contact. <br />6.02 Points of Contact. <br />(i) The City's Point of Contact. The City’s point of contact <br />shall be Matthew Bachler, Planner I, City of Arden Hills, 1245 W. Highway 96, Arden <br />Hills, MN. <br />(ii) Developer’s Point of Contact. Developer’s point of <br />contact shall be Rob Davidson, The Davidson Companies, 3900 Northwoods Drive, Suite <br />125, Arden Hills, MN 55112. <br />6.03 Notices. Any notice, demand, direction, request, or other <br />instrument authorized or required by this Agreement to be given to or filed with any party <br />or any agency, shall be deemed sufficiently given or filed if and when sent by United <br />States mail, addressed to the party to receive the same, to the attention of that party's <br />point of contact. <br />6.04 Governing Law. This Agreement shall be governed by and <br />construed in accordance with the laws of the state of Minnesota. <br />6.05 Entire Agreement; Amendments. This Agreement may not be <br />modified except by an instrument in writing and duly executed by the Parties. <br />6.06 Successors and Assigns. This Agreement shall be binding upon <br />and shall inure to the benefit of the Parties and their respective successors and assigns. <br />Developer may assign this Agreement only with the express written consent of the City. <br />In the event of any assignment, however, Developer shall remain fully responsible to <br />assure that its duties and responsibilities as expressed in this Agreement are fully <br />performed. <br />6.07 Authorization. The City and Developer (and each person <br />executing this Agreement) warrant each to the other that each has taken all actions <br />necessary to authorize it to execute, deliver, and carry out this Agreement. <br />6.08 Developer Obligations. The City shall have no obligation to pay <br />any part of Developer's expenses in carrying out its obligations under this Agreement.
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