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2019 09-17 CC PACKET
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2019 09-17 CC PACKET
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2/25/2026 3:59:21 PM
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1/7/2026 3:29:35 PM
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Administration
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ADM 00500
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AGENDA PACKETS
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Permanent
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and assume all contractual. and financial responsibilities. provided in this DEVELOPMENT <br />CONTRACT. Upon acceptance and assumption of such requirements by such third -party buyer, <br />the DEVELOPER'S obligations hereunder shalt terminate. Absent approval of the Council, the <br />DEVELOPER's obligations ..hereunder shall. continue in full force and effect, even if the <br />DEVELOPER:sells one or more lots, the entire CUP, or any part of it. <br />16.8 AMENDMENT AND WAIVER. The parties hereto may by mutual written <br />agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may <br />extend the time for the performance. of any of the obligations of another, waive any inaccuracies <br />in representations by another contained in this DEVELOPMENT CONTRACT or in any document <br />delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this <br />DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants <br />contained: in this DEVELOPMENT CONTRACT, waive performance of any obligations. by the <br />other or waive the fulfillment of any condition that is precedent to the performance by the party so <br />waiving:of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on <br />the part of any party for any such amendment, extension, or waiver must be in writing. No waiver <br />of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or. shall <br />constitute,. a wailer of any other provisions, whether or not similar,nor. shall any waiver constitute <br />a continuing waiver. <br />16.9 GOVERNING LAW: This DEVELOPMENT CONTRACT shall be governed by <br />and. construed in accordance with the laws of the State of Minnesota. <br />16.10 COUNTERPARTS. This DEVELOPMENT CONTRACT may be. executed in <br />anynumber of counterparts,: each of which :shall be deemed an original but all of which shall <br />constitute one and the same instrument. <br />16.11 HEADINGS. The subject. headings. of theparagraphs andsubparagraphs of .this <br />DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall riot <br />affect the construction of interpretation of any of its provisions. <br />16.12 INCONSISTENCY. If the. DEVELOPMENT PLANS are inconsistent with the <br />words of this DEVELOPMENT CONTRACT or if the obligation imposed hereunder. upon the. <br />DEVELOPER are inconsistent, then that provision or term which imposes a .greater and more. <br />demanding abligation.on the DEVELOPER with respect to the CUP`shali prevail: <br />16.13 ACCESS. The DEVELOPER -hereby grants to the CITY, its agents, employees, <br />officers, and contractors, a license to enter the CUP to perform all work and inspections deemed <br />appropriate by the CITY during theinstallation of"DEVELOPER IMPROVEMENTS. <br />IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT <br />CONTRACT. <br />
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