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12-10-2018 Council Meeting Packet
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12-10-2018 Council Meeting Packet
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10/30/2021 1:05:49 PM
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City Council
Council Document Type
Council Packet
Meeting Date
12/10/2018
Council Meeting Type
Regular
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<br />{00149157 12} 23. <br />Attn: Jeffrey Parks, Vice President <br /> <br />With a required copy to: Mattamy Minneapolis LLC <br />4901 Vineland Road, Suite 450 <br />Orlando, FL 32811 <br />Attn: Leslie C. Candes, Vice President <br /> <br /> c. as to City: City of Lino Lakes <br /> 600 Town Center Parkway <br /> Lino Lakes, MN 55014 <br />ATTN: City Administrator <br /> <br />with a copy to: Jay Squires <br /> Rupp, Anderson, Squires & Waldspurger <br /> 333 South Seventh St., Ste. 2800 <br /> Minneapolis, MN 55402 <br /> <br /> <br />or at such other address as any party may from time to time notify the others in writing in accordance <br />with this Section 15.1. The Developer and Owner shall each notify the City if there is any change in <br />its respective names or legal status. <br /> <br />13.2 Agreement Runs with the Land <br /> <br />This Master Agreement shall run with the Property and shall be recorded against the title <br />thereto and shall be binding against any successor owners of the Property. The Property shall not <br />be developed except in compliance with this Agreement. The Developer covenants with the City, <br />its successors and assigns, that the Developer has fee title to all of the Developer’s Property, that <br />there are no unrecorded encumbrances or interests relating to the Developer’s Property and that <br />the Developer will indemnify and hold the City harmless for any breach of the foregoing <br />covenants. The Owner covenants with the City, its successors and assigns, that the Owner has fee <br />title to all of the Owner’s Property, that there are no unrecorded encumbrances or interests relating <br />to the Owner’s Property and that the Owner will indemnify and hold the City harmless for any <br />breach of the foregoing covenants. Notwithstanding anything to the contrary contained herein, (i) <br />Owner consents to the terms of this Agreement and the recording thereof against the Owner’s <br />Property and (ii) Owner acknowledges and agrees that, in the event Developer fails to or elects not <br />to exercise the option to acquire any portion of the Owner’s Property in accordance with the terms <br />of the Developer Option Agreement (the “Developer Option”) and, as a result, the option granted <br />to Developer therein shall expire, lapse or otherwise terminate, the further development of the <br />portion of the Owner’s Property as to which the Developer Option has terminated shall be <br />governed by the terms hereof. In the event either Owner or a successor developer shall desire to <br />develop any portion of the Owner’s Property, such party shall, as a condition to the issuance of <br />any further permit, consent or approval from the City for or relating to the development of the <br />Owner’s Property or the construction of homes thereon, assume, pursuant to an assumption <br />agreement acceptable to the City in its reasonable discretion, the obligations of Developer <br />hereunder with respect to the portion of the Owner’s Property as to which the Developer Option
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