2006-09-13 CC Packet - Laserfiche WebLink

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12. Legislative Judgment. Developer understands that many of the actions which the City may be called upon to take require its reasonable discretion, and in some instances, its legislative judgment. Such actions may only be made following established procedures and law. 13. Affiliated Parties. The City acknowledges that the Developer may assign any or all of its duties hereunder to another entity, which is controlled by William H. Beard, Thomas Gump, Ronald Mehl and Paul Gamst. The City also acknowledges that William H. Beard and Paul Gamst are both owners of the Developer and are licensed real estate brokers in the State of Minnesota. The Beard Group, Inc. is a licensed real estate brokerage firm. Said entity or individuals may be entitled to real estate commissions and/or development fees arising out of the foregoing transactions. Prior to assignment of any duties under this Agreement the Developer must so notify the City and identify the assignee. Assignment of the duties hereunder is subject to approval by the City which shall not be unreasonably withheld. 14. No Promise To Award Development Contract & Intellectual Property Rights. Nothing in this Agreement nor due to the working relationship between the parties creates a prom ise that the Developer or its assignees will be awarded any future contract or rights by the City. The purpose of this Agreement and its limited grant of exclusivity is for the parties to evaluate a potential development agreement to enact the vision contained in the Downtown Centerville Master Plan. The Developer is not required to continue in any respect after the term of this Agreement has expired. Likewise, the City is not required to award the Developer a contract or right to continue after the term of this Agreement has expired. The City has the right to accept or reject any proposals made by the Developer. In the event that the Developer or its assignees are not chosen to proceed forward with this project the City has the right to use any intellectual property, ideas, research, or other information developed as a result of this Agreement or as a product of the relationship between these parties. 15. Notices. All communications shall be directed to Developer at the address listed above with copies to: Centerville Mainstreet, LLC c/o: The Beard Group, Inc. 750 Second Street N.E. Suite 100 Hopkins, Minnesota 55343 Attn: Thomas A. Gump, Esquire Telephone (952) 930-0630 Facsimile (952) 930-0631 Attorney for the Developer: Frank B. Bennett, Esquire Lindquist & Vennum, P .L.L.P. 4200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Telephone: (612) 371-3931 Facsimile: (612) 371-3207 All communications shall be directed to the City at the address listed above with a copy to: City of Centerville c/o: City Administrator 1880 Main Street Centerville, Minnesota 55038 Telephone: (651) 429-3232 Facsimile: (651) 3249-8629 8