CCP 04102023 - Laserfiche WebLink

Home

Agreement. In the event the City draws from the Construction Escrow sums that exceed the costs or damage to the City, the City will return such excess amounts. 6.02 Complete Improvements-Right of Entry. In addition to the City’s other remedies under this Agreement, if the Developer’s breach involves failure to complete the Improvements by the Completion Date, the City is hereby authorized, at its option, to enter on portions of the Property covered by this Agreement, to complete the installation of any or all of the Improvements to which the breach relates. 6.03 Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. 6.04 Attorney Fees. The Developer will pay the City’s costs and expenses, including attorneys’ fees, incurred in connection with the Project and in connection with any lawsuit or action that is brought by or against the City relating to the Project, this Agreement, or a Letter of Credit furnished by the Developer relating to the Project. ARTICLE SEVEN MISCELLANEOUS PROVISIONS 7.01. Amendment. Any amendmentto this Agreement must be in writing and signed by all Parties and recorded against the Property. 7.02. Assignment. The Developer may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City Council. 7.03. Agreement to Run with Land. The Developer agrees to record this Agreement among the land records of Ramsey County. The provisions of this Agreement shall run with the land and be binding upon Developer and its successors in interest and assigns. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 7.04. Release. Upon completion and approval of all work required herein, including completion of the Improvements and acceptance of the Improvements to be transferred to the City, and satisfaction of all of the Developer’s respective obligations under this Agreement, the City agrees to execute an instrument releasing the Property from the terms of this Agreement. 7.05. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 12 22485\\13\\2777004.v3