07-23-2003 Council Agenda - Laserfiche WebLink

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1450998v8 (a) in the case of the Developer, is addressed to the Developer at: c/o Sherman Associates, Inc. 233 Park Avenue South, #201 Minneapolis, MN 55415 Attention: George Sheiman (b) in the case of the EDA, is addressed to or delivered personally to the EDA care of: The City of Little Canada 515 East Little Canada Road Little Canada, MN 55117 Attention: City Administrator or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. If a notice is delivered by means other than registered or certified mail or overnight delivery, the notice is effective as of the date the City Administrator of the City in the case of notices to the EDA or an officer or other appropriate representative of the Developer, in the case of notices to the Developer, actually receives the notice. 13.3. Counterparts. The EDA and the Developer may execute separate counterparts of this Agreement and exchange original signature pages to create fully executed counterparts of this Agreement. For purposes of contract formation, a Party's delivery of an original signature page to the other party shall constitute delivery of this Agreement. 13.4. Modification. This Agreement may not be modified unless the modification is set forth in writing in an instrument executed by authorized representatives of the EDA and the Developer. 13.5. Merger and Relationship with Other Documents. This Agreement, the Purchase Agreement, the Villas Mortgage and the Assessment Agreement express the entire agreement among and between the EDA and the Developer with respect to the Developer's development of the Project and any and all prior agreements, whether written or oral, are merged herein. In the event of a conflict between the terms of this Agreement and the terms of the Purchase Agreement, the terms of the Purchase Agreement control. In the event of a conflict between the terms of this Agreement and the Assessment Agreement, the terms of the Assessment Agreement control. The Project is a part of the "redevelopment" contemplated in the Preliminary Development Agreement between the City of Little Canada, Minnesota and Sherman Associates, Inc. dated March 13, 2002. This Agreement is intended to replace only the portion of the Preliminary Development Agreement relating to the development of townhomes on the Development Property. This Agreement is not intended to replace the portions of the Preliminary Development Agreement relating to the development of the redevelopment project to be constructed on _9n_ - 2 3 -