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<br /> 3. Addition of New Section 9 to Development Agreement. <br /> The Development Agreement is hereby amended by adding thereto a <br /> new Section 9 which is entitled and reads as fal.lows: <br /> "9. Developer I 5 Fllinq of Final Plat; City's <br /> Withhold1nq Cert1.ficate of Occupancy For Apartment <br />. Building Until Consent Recorded. The City hereby <br /> agrees to revoke the fourth condition in its <br /> approval of the final plat of the Subdivision, <br /> given to Developer on November 12, 1985, and to <br /> allow Developer to record the final plat of the , <br /> Subdivision in the office of the Ramsey County , <br /> Recorder forthwith. Developer shall be entitled to <br /> ~ build improvements on all portions of the <br /> rxJ Subdivision except for Lots 6, 7 and 8, Block 1 <br /> '1' thereof so long as it has first obtained building ! <br /> '" permits to do so from the City. Until the <br /> ,.., Developer has recorded in the office of the Ramsey <br /> '1' County Recorder the Consent more particularly <br /> N described in Section 5 (a) hereof, the City shall <br /> not be obligated to issue to the Developer a <br /> Certificate of Occupancy for the apartment building <br /> he will be constructing on a portion of the <br /> Subdivision and, accordingly, Developer shail not <br /> allow occupancy of that building. Developer, and <br /> its SUccessors and assigns, shall be entitled to <br /> construct buildings on Lots 6, 7 and 8, Block 1 of <br /> the Subdivision only after the Consent has been ; <br /> recorded in the offices of the Ramsey County <br /> Recorder. " <br /> 4. Addition of New Section 10 to Development Aqreement. <br /> The Development Agreement is hereby amended by adding thereto a <br /> new Section 10 which is entitled and reads as follows: <br />. II 10. Developerls Indemnification of City. <br /> Developer hereby agrees to indemnify, hold harmless <br /> and defend the City from and against any and all <br /> actions, suits, causes of action, judgments, <br /> charges, liens and expenses incurred in connection <br /> therewith, including attorneysl fees and disburse- <br /> ments, which in any way arise out of the agreements <br /> contained in this Development Agreement or <br /> Developer1s development of the Subdivision. II <br /> IN WITNESS WHEREOF, the City and Developer have caused <br /> this Agreement to be execu t:ed as of the day and year first above <br /> written. <br /> CITY: DEVELOPER: <br /> CITY OF ARDEN HILLS <br /> ByR.an?~~ G~~~&r~ <br /> ' ~l1aYOr <br /> By .AAh7ti~I'~ <br /> Its Clerk-Adm~nistrator <br />. - 3 - <br />