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Last modified
2/20/2024 4:25:17 PM
Creation date
2/20/2024 4:02:36 PM
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Planning Files
Planning Files - Planning File #
1922
Planning Files - Type
Rezoning
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.till force and effect a policy of comprehensive general liability <br />insurance with a total combined liability policy limit of at least <br />$ Such policy shall be written by an insurance company <br />authorized to do business in the State of Minnesota, and shall <br />contain a contractual liability endorsement, which endorsement <br />shall apply to Developer's obligations under this Development <br />Agreement. Prior to the commencement of construction, Developer <br />shall file with the City Clerk a certificate of insurance setting <br />forth that the coverage required herein is in full force and effect <br />and provide that the City shall be given thirty (30) days' written <br />notice prior to termination, cancellation or modification of such <br />policy. <br />ARTICLE 14 <br />CITY REMEDIES UPON DEVELOPER DEFAULT <br />14.1 CITY REMEDIES. If a Developer Default occurs and the <br />City gives the Developer Formal Notice of the Developer Default, <br />Lhe Developer shall cure the Developer Default within forty eight <br />(48) hours of the receipt of the Formal Notice. If the Developer <br />does not cure the Developer Default within forty-eight (48) hours <br />of the Developer's receipt of Formal Notice, the City may avail <br />itself of the following remedies. <br />a. The City may specifically enforce this Development <br />Contract; <br />b. The City may initiate a court action against the <br />Developer seeking damages, equitable relief or such other <br />relief as the court may deem appropriate. <br />C. The City may suspend any work, improvement or obligation <br />to be performed by the City; <br />d. The City may deny building and occupancy permits for <br />buildings within the Plat; <br />Developer hereby agrees to pay any and all costs, including <br />attorneys' fees and court costs, which the City incurrs in <br />connection with the City's exercise of its rights under this <br />Sec t ion 1. 4. 1 . <br />14.2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. If the <br />Developer breaches any agreement contained in this Development <br />Contract and thereafter the City, in writing, waives its right to <br />enforce such agreement, the waiver shall not act as a waiver of Jie <br />City's right to enforce any concurrent, previous or subsequent <br />breach of the agreements set forth in this Development Contract. <br />All waivers by the City must L'a in writing. <br />14.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or <br />reserved to the City shall be exclusive of any other available <br />16 <br />
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