2019 09-17 CC PACKET - Laserfiche WebLink

Home

of acceptance, that the DEVELOPER. post an irrevocable letter of credit, or cash. deposit equal to 125% ofthe estimated amount necessary to correct the deficiency or to protect. against deficiencies arising therefrom,. In the event that work, which is concealed, was done. without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 16 NUSCELLANEOUS 16.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an.affirmative:.duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.. 16.2 ADDITIONAL IMPROVEMENTS, If the DEVELOPER requests the. CITY to. construct.the DEVELOPER PUBLIC IMPROVEMENTS, the CITY, at its option, may install and construct the DEVELOPER. PUBLIC. IMPROVEMENTS. In such case, the CITY, at.. its .option, may specially assess the cost wholly or in part therefore under Minnesota Statutes chapter 42.9; or may draw the irrevocable letter. of creditor cash deposit. Ifthe CITY specially assesses: the cost of any portion thereof, then prior to the "installation thereof the OWNER and DEVELOPER by separate document stating a specific amount shall waive any and all procedural and substantive objections to the installation ofthe improvements and the special assessments, including, but not limited to, notice and hearing.requirements and any claim that the. special assessments exceed the benefit to the CUP. The OWNER and. DEVELOPER shall similarly waive any appeal : rights otherwise available. pursuant to Minnesota Statutes section 429A8L In such event, the OWNER and DEVELOPER acknowledge that the. benefit from the improvements equal or exceedthe amount ofthe special assessments. 16.3 NO THIRD -PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 16.4 VALIDITY. If any portion, section, subsection., sentence, clause, paragraph, or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this. DEVELOPMENT CONTRACT, 16.5 RECORDING. The DEVELOPMENT CONTRACT and CUP 'shall be recorded with the COUNTY Recorder and .the. OWNER and DEVELOPER shall provide and execute,.any and all documents necessary to implement the recording. 16.6 BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable. DEVELOPMENT CONTRACT shall run with the land in the CUP, and shall be binding upon the successors and assigns ofthe OWNER and DEVELOPER: This DEVELOPMENT CONTRACT shall also run with and be. binding upon any after acquired interest of the OWNER and DEVELOPER. in the land made the subject of the CUP. 16;7 CONTRACT ASSIGNMENT.. The DEVELOPER may not assign. this DEVELOPMENT CONTRACT without the. written permission of the COUNCIL, Which approval will not be unreasonably withheld. In such case, the. third -party buyer will. be required to accept