11-23-2009 EDA Packet - Laserfiche WebLink

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(g) Until a Certificate of Completion is issued, the Assisted Living Developer shall make, in such detail as may reasonably be required by the City, and forward to the City, written reports as to the actual progress of work on the Project. (h) The Assisted Living Developer agrees to permit the City and any of its officers, employees or agents access to the Assisted Living Property for the purpose of inspection of all work being performed in connection with the Assisted Living Improvements; provided, however, that the City shall have no obligation to inspect such work. 5. City Costs. Assisted Living Developer shall pay all standard charges and fees due with respect to real estate developments and allocable to the Assisted Living Project under City ordinances and the City Code, including but not limited to, building permit fees, plat fees, inspection fees, storm water fees and the like. Assisted Living Developer shall also pay, upon demand and reasonable itemization thereof, all costs reasonably incurred by the City or Authority to third parties directly relating to this Addendum and the Assisted Living Improvements, and all costs of City services reasonably allocable to the foregoing. Assisted Living Developer acknowledges that the City and Authority have incurred and will continue to incur certain costs and expenses for services of the City's and Authority's attorneys and consultants retained for the purposes of preparing this Addendum and reviewing the proposed Assisted Living Improvements. The Assisted Living Developer agrees to pay to the City the amount of such attorneys' and consultants' costs and expenses. Within thirty (30) days after receipt of a request by the City, accompanied by invoices received from City or Authority attorneys and consultants clearly showing the work done and the basis of the fees and charges billed, the Assisted Living Developer shall pay to the City or Authority the amount of attorneys' and consultants' costs incurred by the City or Authority; provided that the obligation of the Assisted Living Developer extends only to the reasonable costs of City and Authority attorneys and consultants that are incurred for services reasonably required in connection with the foregoing unless otherwise consented to by the Assisted Living Developer. 6. Miscellaneous. Assisted Living Developer assumes and agrees to be bound by all obligations of the Original Developer set forth in Articles VII, VIII, IX and X of the Original Contract, but solely as and to the extent such obligations relate to the Assisted Living Improvements and the Assisted Living Property For the purposes of notice under Section 10.6 of the Original Contract, the Assisted Living Developer's address is: Lino Lakes Lodging, LLC, P.O. Box 647, Waite Park, MN 56387; Attention: Leon Heinen 7. Recording; Covenants Run With the Land. The Authority and City shall record this Addendum, at Assisted Living Developer's cost, in the appropriate property records of the County. The parties agree and understand that the covenants described in this Agreement run with the land and shall be binding on all present and future owners and occupants of the Assisted Living Property until termination of this Addendum in accordance with its terms. 6