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• The Applicant should confirm the plantings proposed along the north border between
<br />the retaining walls. This area was not labeled on the landscape plan.
<br />5. The applicant enters into a Development Agreement with the City ensuring the development is
<br />consistent with the PUD and Plat approvals.
<br />
<br />Applicable Plans
<br />The parties acknowledge that some of the Applicable Plans referenced in Article 1,
<br />above, may not have been submitted by the Developer and approved by the City at the
<br />time of the execution of this Agreement. The final Applicable Plans may be submitted
<br />after the parties enter into this Agreement; provided, however, no Work shall be
<br />commenced or Improvements constructed on the Property until all of the Applicable
<br />Plans have been submitted by the Developer and approved by the City.
<br />
<br />Article 2 - Payment of City Costs
<br />The Owners and Developer agree to pay the City, within thirty (30) days of delivery by the
<br />City of an invoice, for all costs incurred by the City in connection with this Agreement, the
<br />consideration and approval of the Final Plat, PUD, Architectural Review, and Master
<br />Signage Plan other approvals referenced herein, and the performance of all Work and
<br />construction of all Improvements on the Property, including but not limited to all legal,
<br />planning, engineering, and recording fees, and all plan review, site monitoring, and
<br />inspections, whether performed by third parties or City employees. The Owners and/or
<br />Developer shall pay the City for work and services performed by third parties the same
<br />amount that the third party charges the City for such work and services. The City shall
<br />have the option to bill the Owners and/or Developer for costs incurred by the City or pay
<br />such costs from any funds deposited/escrowed by the Developer/Owner with the City.
<br />The Owners and/or Developer agrees to defend, indemnify and hold the City and its
<br />mayor, council members, employees, agents, and contractors harmless from any and all
<br />claims, demands, actions, suits, proceedings, costs, expenses, obligations, liabilities, and
<br />damages, including interest, penalties, court costs, and attorney's fees which the City
<br />incurs or suffers, which arise out of, result from, or relate to, the Site Plan and PUD
<br />approvals, this Agreement, the performance of all work, and construction of all
<br />improvements on the Property, except when caused by the gross negligence or
<br />intentional misconduct of any of the parties indemnified hereunder.
<br />
<br />If the City has to collect payments owed by the Developer and/or Owner under this
<br />Agreement through the court system, the Owners and Developer agree to pay the City's
<br />legal costs, including attorney's fees, incurred in connection with such collection
<br />proceedings. The City may collect unpaid invoices by certification to Ramsey County as
<br />special assessments for payments with property taxes, but only if the Owners and/or
<br />Developer fails to pay such invoice within thirty (30) days after delivery of written demand
<br />by the City to doso.
<br />
<br />Article 3 - Future Owners
<br />The terms and provisions of this Agreement shall be binding upon and to inure the benefit
<br />of the parties hereto and their respective successors and assigns, shall be binding upon all
<br />future owners and other parties having an interest in all or any part of the Property, and
<br />shall run with the land.
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