2003-11-12 CC Packet - Laserfiche WebLink

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Contract Such Letter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall. have the right during said warrant period to draw on the Letter of Credit for any warranty work that is necessary. The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. f. Reduction of Escrow Guaranty. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. C. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on this entire project site. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder/Registrar to give notice to future purchasers and owners. D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. E. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. F. MISCELLANEOUS PROVISIONS. 1. Reimbursement of Costs for Defense. The Deve10per agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall .be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land.