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Development Contract <br />Ryan Industrial Park <br />Paae Four <br />8. The Developer agrees to complete, at its own cost, the <br />following improvements within the plat of Rvan Industrial Park, by <br />September 1, 1982. <br />(a) The Developer shall install a two -inch bituminous overlay <br />on Ryan Lane and Spruce Street,.together with bituminous lip <br />curb. In the event it is not possible to complete construction <br />of the overlay on Spruce Street by September 1, 1982, because of <br />coordination of the same with other construction projects in the <br />contiguous area, the Developer shall request that the City con- <br />sider an amendment to this provision of this Contract. <br />(b) The Developer shall complete the cutting -in of driveways on <br />Ryan Lane and Spruce Street. <br />(c) The Developer shall sod boulevards on all lots within the <br />plat on which buildings are constructed. <br />(d) The Developer shall seed the boulevards on all other lots <br />within the plat. <br />9. Upon execution of this Contract, the Developer shall furnish <br />a Performance and Payment Bond, with corporate surety, in the amount <br />of $28,000.00, as security for completion by September 1, 1982, of <br />the improvements described in Paragraph 8, and as security for the <br />payment of all persons, performing labor and furnishing materials <br />in connection with said improvements. The Bond shall be approved <br />by the Little Canada City Attorney. <br />10. The Developer agrees that this Development Contract shall <br />be binding upon its successors and assigns. Breach of any of the terns <br />of this Development Contract by the Developer shall constitute grounds <br />for denial of all building permits within'the plat. <br />11. The Developer agrees to reimburse the City for all costs in- <br />curred by the City in the defense and enforcement of this Contract, <br />or any portion thereof, including, but not limited to, court costs, <br />expert witness fees, and reasonable engineering and attorneys fees.. <br />12. If any portion, section, subsection, sentence, clause, para- <br />graph or phrase of this Contract is for any reason held to be invalid <br />by a court or competent jurisdiction, such decision shall not affect <br />or void any of the other portions of the Development Contract. <br />13. The term "Developer" as used herein refers to: A.J. Ryan <br />Landscape Supply Company, Inc., a Minnesota corporation. The address <br />of the Developer is 3176 Ryan Lane, Little Canada, Minnesota 55117. <br />-4- <br />06 <br />