07-23-2003 Council Agenda - Laserfiche WebLink

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(b) the EDA care of: c/o Sherman Associates, Inc. 233 Park Avenue South, #201 Minneapolis, MN 55415 Attention: George Sherman in the case of the EDA, is addressed to or delivered personalty to 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 George Sherman, 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 Agreements, and the Assessment Agreements 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 a Purchase Agreement, the terms of the Purchase Agreement control. In the event of a conflict between the terms of this Agreement and an Assessment Agreement, the terms of the Assessment Agreement control. 13.6. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. 13.7. EDA Approval. Any approval, execution of documents, or other action to be taken by the EDA pursuant to this Agreement, for the purpose of carrying out the terms of this Agreement or for the purpose of determining the sufficiency of the Developer's performance under this Agreement, may be made, executed or taken by the City's staff without further approval by the EDA. -25-