Laserfiche WebLink
<br />15 <br />Error! Unknown document property name. <br />remainder thereof and the application of such term, provision and condition to persons or circumstances <br />other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this <br />Agreement and all the terms, provisions and conditions hereof shall, in all other respects, continue to be <br />effective and to be complied with to the full extent permitted by law. <br />Section 7.09. Signs; Public Events. <br />(a) Borrower shall, prior to commencement of construction, erect, at its own expense, <br />a sign in a prominent position on the Premises indicating to the general public that the City is <br />providing financing for the Project. Borrower agrees that said sign may remain in place throughout <br />the period of construction and for sixty (60) days beyond completion thereof, after which time it <br />will be removed by Borrower. With respect to such sign, it is recommended that (i) the primary <br />colors be green lettering on white background with the lettering being of professional quality and <br />use the City logo, (ii) weatherproof materials be used, (iii) it shall be of sufficient size, in any event, <br />the minimum size shall be 4’ by 6’ and include the name of the Project, Borrower, the Contractor, <br />the Architect, and the phrase “this Project is being developed with the assistance and cooperation <br />of CITY OF LITTLE CANADA and the METROPOLITAN COUNCIL METROPOLITAN <br />LIVABLE COMMUNITIES FUND.” <br />(b) Borrower shall furnish ample notice to the City of ground breaking, opening <br />ceremonies and similar events so that the City may obtain publicity of and participation in such <br />events. Borrower agrees to assist and cooperate in such publicity and participation. Borrower <br />further agrees that the City shall have the right to issue press releases concerning the Project. <br />(c) Borrower shall identify the “City of Little Canada” on all lists of funders, reports, <br />press releases, etc., created to promote and highlight the Project and permit the City to refer to the <br />project in all literature, press releases, public statements, etc. <br />Section 7.10. No Joint Venture. The relationship between the Lender and Borrower is solely that <br />of lender and borrower and is not, nor shall it be deemed to create, a partnership or joint venture in the <br />Project. <br />Section 7.11. Limitation on Lender Liability. No provisions contained in this Agreement nor any <br />agreement, covenant or undertaking by the Lender contained in any document executed by the Lender in <br />connection with the Project shall give rise to any pecuniary liability of the Lender or charge against its <br />general credit or taxing powers or shall obligate the Lender financially in any way except with respect to <br />the funding of the LCDA Proceeds. <br />Section 7.12. City Approval; Representatives. Unless the City Council for the City determines <br />otherwise in its discretion, whenever this Agreement provides for approval by or consent of the Lender, <br />such approval or consent shall be given by and effective upon action, respectively, by the City Administrator <br />of the City or their designee, unless (a) this Agreement explicitly provides for approval or consent by the <br />City Council for the City, (b) approval or consent by the City Council for the City is required by applicable <br />law, or (c) the approval or consent, in the opinion of the City Administrator, would result in a material <br />change in the terms of this Agreement. <br />Section 7.13. Compliance with LCDA Grant Program Regulations and Requirements. By <br />accepting the LCDA Loan Proceeds, Borrower shall comply with all terms and conditions of the LCDA <br />Grant Agreements as described in Exhibit H, attached hereto and incorporated herein, in the use of the <br />LCDA Loan Proceeds and the construction and operation of the Project, and shall otherwise take all such