11-23-2009 EDA Packet - Laserfiche WebLink

Home Search

1. Definitions. Capitalized terms in this Addendum have the meaning provided in the Original Contract, except as follows: "Addendum" means this Addendum to the Original Contract, as the same may be from time to time modified, amended or supplemented. "Assessment Agreement" means the Assessment Agreement between the Authority and Assisted Living Developer in the form set forth as Schedule C hereto. "Assisted Living Developer" means Lino Lakes Lodging, LLC, a Minnesota limited liability company, and any successor to its rights and obligations hereunder permitted under Article VIII of the Original Contract. "Assisted Living Improvements" means the conversion of the 83-room Hotel into 69 assisted living and memory care units on the site of the former Hotel, now referred to as the Assisted Living Property. "Assisted Living Property" means the portion of the Development Property described on Schedule A hereto. "Hotel" means the existing Country Inn and Suites located on the Assisted Living Property. "PUD Amendment" means the PUD Amendment to the Lino Lakes Town Center Design and Development Guide approved by the City on 2. Representations and Warranties (a) The City makes the following representations to Assisted Living Developer: (1) Under the provisions of the Act, the City has the power to enter into this Addendum and carry out its obligations hereunder. (2) The Project is for a purpose within the power of the City under the Act, and was created, adopted and approved in accordance with the terms of the Act. (b) Assisted Living Developer represents and warrants that: (1) The Assisted Living Developer is a limited liability corporation duly organized and in good standing under the laws of the State, is duly authorized to transact business within the State, has the power to enter into this Addendum, and has duly authorized execution of this Addendum by action of its governing body. (2) The Assisted Living Developer will construct, operate and maintain, or cause to be constructed, operated and maintained, the Assisted Living Improvements in accordance with the terms of this Addendum, the Development Plan and all applicable local, state and federal laws and regulations (including, but not limited to, applicable environmental, zoning, building code and public health laws and regulations). 2