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04-25-2018 Council Packet
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04-25-2018 Council Packet
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Article 4 - Adherence to Codes <br />All applicable State Building and Fire Codes shall be followed. The Developer and its <br />employees, contractors, and subcontractors, unless addressed elsewhere in this Agreement, <br />shall adhere to all recommendations by the City’s Building Official, Fire Marshal, or <br />other City Inspectors. <br /> <br />Article 5 - Permits <br />The Developer shall obtain and pay for all necessary permits from the City, Ramsey <br />County, and Ramsey/Washington Metro Watershed District prior to commencing <br />performance of the Work or commencing construction of the Improvements for which the <br />permit is required. Developer shall also be responsible for obtaining any permits <br />required by the Minnesota Department of Health for the extension of water service to <br />the property and for any permits required by the Minnesota Pollution Control Agency <br />for the extension of sanitary sewer service to the property. <br /> <br />Article 6 - Code and Agreement Consistency <br />The above conditions are in addition to existing City Codes or other state or governmental <br />unit laws, codes and regulations. Unless prohibited by law, where articles of this Agreement <br />are inconsistent with such codes and regulations, this Agreement will control. <br /> <br />Article 7- Revisions <br />Any revision to the above articles must be approved by the City Council. <br /> <br />Article 8 - Remedies <br />In the event that the Developer fails to perform any obligation to be performed by the <br />Developer or is otherwise in default under this Agreement, the City shall have the right if <br />the default is not cured by the Developer within ten (10) Business days after the delivery <br />by the City upon the Developer of written notice of such default, to do all or any of the <br />following: <br />1. City may make advances or take other steps to cure the default, and where <br />necessary, enter the Property for that purpose. The Owners and/or Developer shall <br />pay all sums so advanced or expenses incurred by the City upon demand, with <br />interest from the date of such advances or expenses at the rate of six percent per <br />annum or the maximum allowed by law, whichever is less. No action taken by the <br />City pursuant to this provision shall be deemed to relieve the Developer from curing <br />any such default or from any other default hereunder. The City shall not be <br />obligated, by virtue of the existence or the exercise of this right, to perform any <br />such act or cure any such default. The Owner hereby grants to the City an easement <br />to enter the Property to perform work necessary to cure such default in the event <br />that the City elects to do so. <br />2. Seek an order from a court of competent jurisdiction requiring the Developer to <br />specifically perform its obligations pursuant to the terms and provisions of this <br />Agreement. <br />3. Seek an order from a court of competent jurisdiction enjoining the continuation of <br />an event of default. <br />4. Halt the performance of all or any Work and construction of Improvements until <br />such time as the event of default is cured. <br />5. Withhold the issuance of a building or other permit and/or certificate of occupancy <br />or prohibit the occupancy of any structure(s) for which permits have been issued. <br />11
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