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Last modified
2/20/2024 10:27:18 AM
Creation date
2/20/2024 10:25:39 AM
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Planning Files
Planning Files - Planning File #
1569
Planning Files - Type
Rezoning
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THIS AGREEMENT, made this day of I <br />1985? by and between <br />TANURB DEVELOPMENTS INC., <br />a corporation under the laws of the <br />province of Ontario, Canada ("Tanurb"), <br />and <br />CITY OF ROSEVILLE <br />a municipal corporation ("Roseville"), <br />WITNESSETH: <br />Whereas, Tanurb is developing a Shopping Center ("Center") <br />on certain real property in Roseville; <br />Whereas, Tanurb and Roseville have agreed that Roseville <br />would construct, at its expense, certain public improvements, set <br />forth on Exhibit A attachee- hereto ("improvements") , and that <br />Roseville would be reimbursed for the cost of said improvements <br />through the special assessment process; and <br />Whereas, the parties desire that Tanurb be responsible for <br />constructing the improvements and that Tanurb be reimbursed for <br />the cost of those improvements on or about ,the same time as <br />Tanurb's contractor submits requests for pisyments relative <br />thereto; <br />NOW THEREFORE, in consideration of the mutual covenants and <br />conditions hereinafter set forth, the parties hereto agree P-i <br />follows: <br />1. Tanurb agrees to cause to be installed or constructed <br />the improvements in accordance with the plans and <br />specifications attached hereto as Exhibit B ("Plans"). <br />2. Roseville hereby designates as - <br />their inspecting agent with respect to the mprove- <br />ments, whose responsibility shall be to review monthly <br />draw requests with respect to the improvements <br />submitted by Tanurb's contractor and to certify to <br />Roseville, or deny certification of the fact, that the <br />improvements for which payment is requested have been <br />constructed in accordance with the Plans ("review and <br />certificatton"). Said review and certification shall <br />be completed no later than the seventh day of any month <br />within which payment with respect to the improvements <br />is to be made. If said certification is not: received <br />within the aforementioned seven day period, Tanurb may <br />assume and rely on the fact that the portion of the <br />draw request relating to the improvements ("draw <br />portion") has been certified by the inspecting agent <br />
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