|
ARTICLE X
<br />Additional Provisions
<br />Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The
<br />Authority and the Developer, to the best of their respective knowledge, represent and agree that no
<br />member, official, or employee of the Authority shall have any personal interest, direct or indirect, in
<br />the Agreement, nor shall any such member, official, or employee participate in any decision relating
<br />to the Agreement which affects his personal interests or the interests of any corporation, partnership,
<br />or association in which he is, directly or indirectly, interested. No member, official, or employee of
<br />the Authority shall be personally liable to the Developer, or any successor in interest, in the event of
<br />any default or breach by the Authority or County or for any amount which may become due to the
<br />Developer or successor or on any obligations under the terms of the Agreement.
<br />Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors
<br />and assigns, agrees that during the construction of the Minimum Improvements provided for in the
<br />Agreement it will comply with all applicable federal, state and local equal employment and non-
<br />discrimination laws and regulations.
<br />Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date,
<br />the Developer, and such successors and assigns, shall devote the Development Property to the
<br />operation of the Minimum Improvements as a distribution facility within the meaning of Section
<br />469.1756, subd. 4c of the TIF Act, and shall not discriminate upon the basis of race, color, creed,
<br />sex or national origin in the sale, lease, or rental or in the use or occupancy of the Development
<br />Property or any improvements erected or to be erected thereon, or any part thereof.
<br />Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement
<br />are intended to or shall be merged by reason of any deed transferring any interest in the
<br />Development Property and any such deed shall not be deemed to affect or impair the provisions and
<br />covenants of this Agreement.
<br />Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
<br />Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in
<br />construing or interpreting any of its provisions.
<br />Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
<br />Agreement, a notice, demand, or other communication under the Agreement by either party to the
<br />other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
<br />postage prepaid, return receipt requested, or delivered personally; and
<br />(a) in the case of the Developer, is addressed to or delivered personally to the Developer
<br />at Panattoni Development Co., LLC, ; and
<br />(b) in the case of the Authority, is addressed to or delivered personally to the Authority
<br />at City Hall, 600 Town Center Parkway, Lino Lakes, MN 55014, Attn: Executive Director;
<br />SJB-237079v2
<br />LN 140-81
<br />24
<br />
|