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CC_Minutes_2007_0820
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CC_Minutes_2007_0820
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4/23/2009 2:53:21 PM
Creation date
9/12/2007 10:47:24 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
8/20/2007
Meeting Type
Study
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Section 4.04. Interpretation; Severability. If any one or more of the provisions, sentences, <br />phrases or words of this Agreement or any application thereof shall be held or determined to be <br />invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the <br />remaining phrases, sentences, phrases or words of this Agreement and any other application <br />thereof s11a11 in no way be affected or impaired and shall remain in full force and effect. <br />Section 4.05. Successors and Assigns. This Agreement is binding on and inures to the benefit of <br />the successors and assigns of the parties hereto. <br />Section 4.06. Notices and Demands. Except as otherwise expressly provided in this Agreement, <br />a notice, demand or other communication under this Agreement by any party to any other pal-ty <br />shall be sufficiently given or delivered if it is dispatched by registered or certified snail, postage <br />prepaid, return receipt requested, or delivered personally to the following address: <br />The City: City of Woodbury <br />City Hall <br />8301 Valley Creek Road <br />Woodbury, Minnesota 55125 <br />The Developer: Minnesota School of Business, <br />or at such address as either party may, from time to time, designate in writing and forward to the <br />other party. <br />Section 4.07. Arbitration. Any controversy or dispute, of whatever nature, between the <br />Developer and the City arising out of this Agreement shall be finally and conclusively settled by <br />arbitration in accordance with the Minnesota Uniform Arbitration Act, Minn. Stat. Chapter 572, <br />as amended. Determinations of market value are not, however, subject to arbitration except <br />where the parties have been unable to come to an agreement thereon under circumstances <br />described in Section 3.07 hereof. All questions as to the meaning of this Section 4 or as to the <br />arbitrability of any dispute shall be resolved by the arbitrators, and their decision on such <br />questions shall be final and binding and not subject to judicial review, except to the extent <br />provided in the Minnesota Uniform Arbitration Act. <br />Section 4.08. Termination. The term of this Agreement shall commence on the effective date <br />hereof, and shall remain in full force and effect until the effective date that the Exempt Property <br />ceases to be exempt from real property taxation. <br />Section 4.09. Reasonableness. The parties agree that where any consent or approval is provided <br />for this Agreement, each will give reasonable consideration to all factors affecting such consent <br />or approval and such consent or approval will not be unreasonably withheld or delayed. <br />Section 4.10. Recordation. Either party hereto may record this Agreement. <br />
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