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03-12-07 Item 8A, Preliminary Development Agreement for TCAAP
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03-12-07 Item 8A, Preliminary Development Agreement for TCAAP
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9/27/2022 2:18:01 PM
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3/13/2007 3:25:45 PM
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03-12-07 Item 8A, TCAAP Prelim Agr
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3/12/2007
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<br />of insurance evidencing that Developer has insurance regarding <br />such risks. City shall tender to Developer any claims subject to <br />indemnification under this clause immediately after its knowledge <br />of any such claims, and shall permit Developer to defend and/or <br />resolve any such claims. <br /> <br />(iv) Developer shall keep the Development Property free of all liens <br />and shall repair any damage that is caused to the Development <br />Property caused in any way by Developer's entry on such property. <br />Developer shall have the right to contest any liens, provided that <br />Developer provides the City and GSA with collateral (such as a <br />bond or title insurance insuring over such lien) reasonably <br />acceptable to the City and GSA. <br /> <br />(d) Evaluate the financial and market feasibility of the undertakings of the Developer <br />as specified in Section 3 of this Agreement. <br /> <br />(e) Consider options for public financial assistance as part of the Development, if the <br />Developer is able to demonstrate a need for public financial assistance as <br />determined by the City in its sole discretion. <br /> <br />(f) Evaluate the availability of public financing tools related to the Development, and <br />commence any actions necessary to implement any such tools approved by the <br />City CounciL <br /> <br />(g) Coordinate with Developer in developing an infrastructure plan consistent with <br />the Development plan. <br /> <br />(h) Consider and evaluate any requests by Developer to seek special legislation that <br />may be necessary to carry out the Development. <br /> <br />(i) Make available to the Developer at the City's offices all environmental reports, <br />studies and information in the possession of the City from time to time. <br /> <br />(j) Forward to Developer all communications it receives from or sends to GSA or the <br />Minnesota Pollution Control Agency CMPCA") and all communications it <br />receives from or sends to the EP A or the Governor's office relating to the <br />submission of the CDR request to the EPA and/or Governor and the approval of <br />the CDR by the EPA and/or Governor; provided that the City has no obligation to <br />forward any document that is "not public data" as defined in Minnesota Statutes, <br />Section 13.02, subdivision 8a, unless (a) the transfer to Developer is permitted <br />under Minnesota Statutes, Chapter 13 and (b) the transfer would not change the <br />status of the document to public data on individuals or public data not on <br />individuals within the meaning of Minnesota Statutes, Chapter 13. <br /> <br />6 <br />
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