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1998-12-07 Packet
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1998-12-07 Packet
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DEC. -07'981MONl 1540 3ARNA CUZY STEFFE TEL :612 780 1777 ?.937 <br /> D. n nr c . 3F The Developer agrees that the terms of this <br /> Development Contract shall be a covenant on any and all property included in the <br /> Subdivision. The Developer agrees that the City shall have the right to record a copy of <br /> this Development Contract with the Anoka County Recorder(Rcgistrar to give notice to <br /> futuru purchasers and owners, <br /> E. MIMBURSEMT OF COSM The Developer agrees to fully reimburse the City for <br /> all costs incurred by the City including, but not limited to, engineering fees, legal fees, <br /> inspection fees, interest costs and any other costs incurred by the City relating to this <br /> Development Contract, <br /> F. OCCUPATION T OF PR ENDS S , The Developer further agrees that it will not cause to <br /> be occupied any premises upon the plat or any property within the plat until the <br /> completion of the gas, electric, telephone, water, and sewer improvements required by <br /> this Development Contract have been installed, unless the City has agreed in writing to <br /> waive this requirement as to a specific premises. <br /> G F M , Upon completion of the work and construction <br /> required by this Contract and acceptance by the City, the improvements lying within C'te <br /> public easemects shall become City property without further notice or action. <br /> H. iND1MNIFTCATION AND HOLD HARMLEU The Developer shall hold the City and <br /> its officers and employees harmless from claims made by itself and third parties for <br /> damages sustained or costs incurred resulting from Subdivision plat approval and <br /> development. The Developer shall indemnify the City and its officers and employees for <br /> all costs, damages, or expenses which the City may pay or incur in consequence of such <br /> claims, including reasonable attorneys fees, Provided that nothing herein shall require <br /> Developer to indemnify the City, its officers or employees from any violation of law or <br /> from the consequences of their own negligence. <br /> I. FROMBITIONS AGAINST ASSIGNMflNT OF ACTREEMPNT Deveioper represents <br /> artd agrees that prior to the completion of the Developer improvements as certified by the <br /> City: <br /> 1. Except by way of security for, and only for the purpose of obtaining financing <br /> necessary to enable the Developer to perform its obligations with respect to the <br /> constriction of the improvements under this Agreement and any otber purpose <br /> authorized by this Agreement, the Developer (except as so authori zed) will not <br /> make or create, or suffer to he made or created, any total or partial sale, <br /> assignment. conveyance, or transfer in any other mode or form, with respect to <br /> this Agreement or any interest therein, or any contract or agreement to do any of <br /> the same, without the prior written approval of the City. <br /> 2. In the absence of specific written agreement by due City to the contrary, no such <br /> transfer or approval by the City shall be deme'd to relieve Developer from any of <br /> its obligations. B the event that the City approves a substitute Developer and the <br /> 6 <br />
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