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<br />M,y-11-1004 15:39 <br /> <br />Froo-PETERSON FRAM BERGMAN <br /> <br />6511161T53 <br /> <br />T-114 P 006/015 F-169 <br /> <br />AH Reuse Area--witlwllt priGr written callsGBt af th@ De>l@lopet"",and . <br />further nrovided. that the Develoner is not in default und.er.fu <br />provb.ions of this htterim Aen.em~nt_ or anv amendments <br />tbereto, the City shall l!:rllnt DevJ;.louer the exdusive .riebt tQ <br />develop the All ReD.se Area. subitct to the terms and conditions <br />of the DDA. This exclusive ri2ht to develop is e:rllnted bvfu <br />~itv in consideration for the fin.ll.!ldal commitment of Develouer <br />to dllte and in the futur~. <br /> <br />2. Rel!ular Meetinl!.s. The parties shall conduct regularly scheduled <br />meetings until the initial draft <,f the DDA is prepared and <br />subsequent meetings as necessary to incorporate data obtained <br />during the environmental analysis of the AH Reuse Area and the <br />preparation of the City's Comprehensive Plan Amendment and <br />Infrastructure Plans. <br /> <br />5,0 Access for Environmental SUrVey. Subject to receipt of approval from the <br />Federal Government and the Minnesota Anny National Guard, and subjeL.'t to <br />compliance with the following terms and conditions, Developer shall have the <br />right to enter the AH Reuse Area for the purposes of inspections and tests: <br /> <br />A. <br /> <br />Developer shall pay for all testing, inspections, studies, or surveys of the <br />AH Reuse Area. Developer shall keep the AH Reuse Area free and clear of <br />all liens and shall repair any damage to the AH Reuse Area that is caused <br />by or in any way connected with said tests, inspections, studies, or surveys, <br /> <br />. <br /> <br />B, Developer shall submit to the City a list of personS and businesses who <br />shall work on the AH Reuse Area, <br /> <br />C. Developer shall be responsible for initiating, maintaining, and supervising <br />all safety precautions and programs in connection with any testing work on <br />the AH Reuse Area as required by the federal government or the City, <br /> <br />D, Developer shall give all notices and comply with all applicable laws, <br />ordinances, rults, regulations, and lawful orders of any public authority <br />bearing on the safety of persons or property or their protection from <br />damages, injury or loss. <br /> <br />E, Developer shall indenmify and hold the City harmless for any damages <br />caused by Developer's entry onto the All Reuse Area. Developer shaH <br />provide City with a Certificate of Insurance indicating that Developer is <br />insured for such risks. <br /> <br />. <br />