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01-24-2024 Council Packet
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01-24-2024 Council Packet
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4 <br /> <br />constructed on the DEVELOPMENT PROPERTY that is substantially in conformance with <br />the FINAL PLAT. <br /> <br />1.15. DEVELOPMENT PROPERTY. "DEVELOPMENT PROPERTY" means <br />that real property legally described on Exhibit A, attached hereto, upon which the <br />DEVELOPMENT PROJECT will be constructed. <br /> <br />1.16. FINAL PLAT. "FINAL PLAT" means the FINAL PLAT, approved by the <br />COUNCIL on January 24, 2024, attached hereto as Exhibit B. <br /> <br />1.17. FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, <br />but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and <br />earthquakes (but not including reasonably anticipated weather conditions for the geographic <br />area), riots, global pandemics, insurrections, war or civil disorder affecting the performance <br />of work, blockades, power or other utility failures, and fires or explosions. <br /> <br />1.18. FORMAL NOTICE. "FORMAL NOTICE" means notices given by one party <br />to the other if in writing and if and when delivered or tendered either in person or by depositing <br />it in the United States mail in a sealed envelope, by certified mail, return receipt requested, <br />with postage and postal charges prepaid, addressed as follows: <br /> <br /> <br />If to CITY: City of Little Canada <br />Attention: City Administrator <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br /> <br /> <br /> <br />If to DEVELOPER: Joseph Jablonski <br />U.S. Home, LLC <br />16305 36th Ave. No., Suite 600 <br />Plymouth, MN 55446 <br /> <br /> <br />or to such other address as the party addressed shall have previously designated by notice <br />given in accordance with this Section. Notices shall be deemed to have been duly given on the <br />date of service if served personally on the party to whom notice is to be given, or on the third <br />day after mailing if mailed as provided above, provided, that a notice not given as above shall, <br />if it is in writing, be deemed given if and when actually received by a party. <br /> <br /> <br />1.19. INDIRECT COSTS. "INDIRECT COSTS" means the costs related to: <br /> <br />a) Finance, administration and legal costs; and <br />
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