03-12-07 Item 8A, Preliminary Development Agreement for TCAAP

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Section 14. Notices. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the City: With a copy to: City of Arden Hills 11245 W. Highway 96 Arden Hills, MN 55112 Artn: City Administrator Stephen J. Bubul Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (b) As to the Developer: CRR, LLC c/o Ryan Companies US, Inc. 50 South Tenth Street, Suite 300 Minneapolis, MN 55403 Artn: Rick Collins With a copy to: Charles F. Diessner Fredrikson & Byron, P.A. 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402 Section IS. Counteroarts. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. Section 16. Waivers. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 17. Titles of Sections. Any titles of the Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 18. Relationship of Parties. Nothing in this Agreement creates a joint venture, partnership or principal-agent relationship between the parties. Section 19. Effective Laws. This Agreement shall be construed in accordance with the laws of Minnesota, and any disputes shall be adjudicated in Ramsey County district courts. Section 20. all respects. Effect of Agreement. This Agreement supersedes the Interim Agreement in IS