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pf_02355
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Last modified
7/17/2007 11:48:43 AM
Creation date
12/8/2004 11:10:09 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2355
Planning Files - Type
Planning-Other
Address
2231 RICE ST
Applicant
DUFFY DEVELOPMENT COMPANY
Status
APPROVED
PIN
122923440027
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<br />to be performed by it hereunder, the CITY may withhold <br />certificate of occupancies from the Developer or, at its option, <br />perform the work, and the DEVELOPER shall promptly reimburse the <br />CITY for any expense which it incurs. If the CITY is not <br />reimbursed within 15 days from the date of the billing for the <br />cost of performing such work, the CITY shall be reimbursed from <br />the letter of credit identified in Section 7-A above. <br /> <br />The CITY agrees to give the DEVELOPER written notice of its <br />default not less than thirty (30) days prior to the commencement <br />of the CITY's work. The CITY and the DEVELOPER recognize that <br />weather conditions may affect the ability of the DEVELOPER to <br />perform the work required to be performed hereunder and agree <br />that such thirty (30) days shall not include those days on which <br />weather conditions preclude performance by the DEVELOPER. <br /> <br />Notice to the DEVELOPER shall constitute, without further action, <br />notice to any contractor or subcontractor. This Agreement is a <br />license for the CITY to act. When the CITY does any such work, <br />the CITY may, in addition to its other remedies, assess the cost <br />in whole or in part. If deemed impractical by the CITY, the <br />above notice requirements shall not be required by the CITY to <br />control erosion problems. <br /> <br />9. Miscellaneous. <br /> <br />A. This Agreement shall be binding upon the parties, their <br />heirs, successors or assigns, as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the <br />DEVELOPER shall be grounds for denial of building <br />permits. The CITY shall give the breaching DEVELOPER <br />30 days notice prior to exercising its right to deny <br />permits. <br /> <br />C. If any portion, section, subsection, sentence, clause, <br />paragraph or phrase of this Development Contract is for <br />any reason held invalid as a result of a challenge <br />brought by the DEVELOPER, their agents or assigns, the <br />CITY may, at its option, declare the entire Agreement <br />null and void, and approval of the final development <br />plan shall thereby be revoked. <br /> <br />D. This Agreement shall run with the Subject Property and <br />may be recorded in the Ramsey County Recorder's Office. <br /> <br />E. This Agreement shall be liberally construed to protect <br />the public interest. <br /> <br />10. Notices. <br /> <br />Required notices to the DEVELOPER shall be in writing and shall <br />either be hand delivered to the DEVELOPER, their employees or <br />agents, or mailed to the DEVELOPER by certified or registered <br />
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