2009_0817_Packet - Laserfiche WebLink

Home

not entitle the CITY to exercise any of its rights and remedies hereunder with respect to such � conveyed parcel, so long as the owner of the conveyed parcel otherwise complies with 2 applicable provisions of this AGREEMENT. 2 A default with regard to a conveyed parcel will not constitute a default with regard to the parcels 2 retained by the DEVELOPER or other conveyed parcels, so long as such retained or other 2 conveyed parcels otherwise comply with applicable provisions of this AGREEMENT. 2 1L Miscellaneous 2 This AGREEMENT shall be binding upon the parties, their heirs, successors, tenants, or assigns, 2 as the case may be. 2 Breach of any material term of this AGREEMENT by the DEVELOPER shall be grounds for 2 � denial of building permits, except as otherwise provided in Section 10�. 2 If any portion, section, subsection, sentence, clause, paragraph or phrase of this AGREEMENT 2 is for any reason held invalid as a result of a challenge brought by the DEVELOPER, its agents 2 or assigns, the balance of this AGREEMENT shall nevertheless remain in full force and effect. 2 This AGREEMENT shall run with the land and shall be recorded in the Ramsey County 2 Recorder's Office by the CITY 2 This AGREEMENT shall be liberally construed to protect the public interest. 2 Due to the preliminary nature of many of the plans and the timing of the overall development, 2 addenda to this AGREEMENT may be required to address concerns not specifically set forth 2 herein. 2 The DEVELOPER represents to the CITY that, to the best of its knowledge, the Planned Unit 2 Development is not of "metropolitan significance" and that a state environmental impact 2 statement is not required. However, if the CITY or another governmental entity or agency 2 determines that a federal or state impact statement or any other review, permit, or approval is 2 required, the DEVELOPER shall prepare or obtain it at its own expense. 2 The DEVELOPER shall reimburse the CITY for the following expenses: outside consultants' 2 time and reasonable City Attorney's fees that the CITY incurs in assisting in the preparation of 2 any contracts, agreements or permits. The CITY shall supply an itemized cost of such expenses 2 to the DEVELOPER for payment prior to issuance of building permits. 2 12. Notices 2 Required notices to the DEVELOPER shall be in writing and shall be either hand delivered to 2 the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by certified or 2 registered mail at the following address: 2 United Properties 2 3500 American Boulevard West 2 Suite 200 % Bloomington, MN 55421 Page 7 of 10