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01-24-2024 Council Packet
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01-24-2024 Council Packet
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14 <br /> <br />omissions shall be collected or cured within thirty (30) days after the DEVELOPER <br />receives FORMAL NOTICE or obtains knowledge of such error, unless an extension <br />is granted by the CITY. <br /> <br />g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS <br />comply with all CITY, COUNTY, metropolitan, state and federal laws and regulations, <br />including but not limited to, subdivision ordinances, zoning ordinances and <br />environmental regulations. <br /> <br />h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER <br />warrants all work required to be performed by it under this DEVELOPMENT <br />AGREEMENT against defective material and faulty workmanship for a period of two <br />(2) years after its completion and acceptance by the CITY. The DEVELOPER shall be <br />solely responsible for all costs of performing repair work required by the CITY within <br />thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, <br />of good quality, and disease free for one year after planting. Any replacements shall <br />be similarly warranted for one year from the time of planting. The warranty period for <br />street and drainage and erosion control improvements shall be for two (2) years after <br />completion and acceptance by the CITY; the warranty for the street, drainage and <br />erosion control improvements shall also include the obligation of the DEVELOPER <br />to repair and correct any damage to or deficiency with respect to such improvements. <br /> <br />i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay <br />for all required permits, licenses and approvals, and shall meet, in a timely manner, all <br />requirements of all applicable, local, state and federal laws and regulations which must <br />be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully <br />constructed. A list of the CITY permits, licenses, and approvals required is identified <br />on Exhibit E. <br /> <br /> <br />ARTICLE 10 <br />CITY WARRANTIES <br /> <br />10.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and <br />represents as follows: <br /> <br />a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly <br />existing in good standing the laws of the State of Minnesota. <br /> <br />b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into <br />and perform its obligations under this DEVELOPMENT AGREEMENT. <br /> <br /> <br />ARTICLE 11 <br />INDEMNIFICATION OF CITY <br />
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