09-23-19-R - Laserfiche WebLink

Home Browse Search

Minnesota. Following construction, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls the development plans, or special conditions referred to in this Agreement required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. O. The Developer, its successors and assigns, waive any and all procedural and substantive objections to the Public Improvements and Special Assessments for improvements to Lake Valentine Road as determined by the Lake Valentine Road Improvements Study, including but not limited to hearing requirements and any claim that the Special Assessment exceeds the benefit to the Subject Property. BSC waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 34. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement without the written permission of the City Council. This Development Contract shall be binding upon and inure to the benefit of the parties and their respected successors and assigns, including without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. Should the Developer convey any lot or lots in the Plat to a third party, the city and the owner of that lot or those lots may amend the Development or this Development Contract, with City approval, or use of those lots without the approval or consent of the other lot owners within the Plat. Private agreements between the owners of lots within the Plat for shared service or access and related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner. 35. COUNTERPARTS. This Development Contract may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 4570 Victoria Street North, Shoreview, Minnesota 55126. Notices to the City shall be in 187184v1 16