Resolution 16-EDA-290 - Laserfiche WebLink

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FINAL APPROVED 1.25.16 If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of the Agreement. 11. Breach;Waiver. In the event any covenant contained in this Agreement should be breached by one party and subsequently waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,previous or subsequent breach. 12. Notice. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to EDA: Mounds View Economic Development Authority 2401 County Road 10 Mounds View, MN 55112 Attn: City Administrator (b) As to Developer: The Beard Group, Inc. 750 Second St.NE Hopkins, MN 55343 Attn: William H. Beard 13. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts,whether based on convenience or otherwise. 15. Additional Actions. The parties hereto understand that additional and separate actions, for which no obligation is created hereunder,will be required before either the EDA or Developer is obligated to take various actions with respect to the Development. Those actions include, but are not limited to: (c) Zoning, comprehensive plan, and subdivision approvals for any land use or development proposed by Developer; and 6 469964v9 SJR MU205-46