02-14-2007 Council Agenda - Laserfiche WebLink

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CITY'S WORK RIDER This City's Work Rider ( "Rider ") is attached Contract ( "Contract ") dated January February CANADA, a Minnesota municipal corporation Delaware limited liability company ( "McDonald's "). and forms a part of the Real Estate Swap 2007 between the CITY OF LITTLE ( "City ") and McDONALD'S USA, LLC, a The City and McDonald's agree as follows: 1. City promises to perform the following work, in addition to any other work to be completed by the City under this Contract, hereafter referred to as "City's Work ": • City agrees to design and construct the roadway, including but not limited to curbs, gutters, and utilities, in accordance with all applicable codes, ordinances and regulations, from Minnesota Avenue running north and south, with such roadway and right of way being at least 32 feet wide, in that location as approximated depleted on Exhibit D. 2. City further promises to (a) pay all costs to complete City's Work; (b) perform all work in a good workmanlike manner; and (c) obtain all necessary permits and governmental approvals to perform City's Work. This provision does not exempt McDonald's from any special assessments levied pursuant to Minnesota Statutes Chapter 429 and City project 2007- xx, notice of which has been provided to McDonald's. 3. City's Work shall be completed by October 1, 2007 ( "City's Completion Date "), except that the final lift of bituminous shall be completed by July 1, 2008. 4. If City fails to complete City's Work by the City's Completion Date, McDonald's may (but is not obligated to) complete a portion of City's Work. McDonald's shall have the right, but not the obligation to construct that portion of the roadway necessary for McDonald's to have access from the northeast corner of McDonald's Property to Minnesota Avenue. City shall reimburse McDonald's for all costs within 30 days of receipt of an invoice from McDonald's. City's failure City shall remain liable for the difference, and McDonald's shall, in addition to any other remedies it may have, be entitled to a lien against City's adjacent property (if any) for the entire unpaid amount due McDonald's, together with McDonald's cost and reasonable attorneys fees in enforcing and foreclosing upon such lien. This provision shall survive closing and shall not merge with the deed. Temporary Construction Easement: City also grants to McDonald's a temporary construction easement for the purpose of constructing the roadway and related improvements in accordance with the terms of this Rider. The temporary construction easement shall terminate at such time as these improvements are complete. City's Initials McDonald's Initials H: \JaelH C,orresponcience \Joel 2007\Mc0nnald's Real Estate Swap Contract - 0209.07 doc8W} 104DeeALeeal\ LISLEGA0Geetral- GiwsionMMidwest \024 - 0071 - {Little Canada )\Rea4Es1ate -Swa - Gon,faeb(revised.02 088 -docS :FHD\DEP- P,LegalkUSLE'-. 8 . 'al- Olvisten\fvlidwest\ 082- 007- }(Litle- Canada }\Rea- Estate-SwapGontraet (O1- 2u47}:dae (Rev 1/11102) CITY'S WORK RIDER