Agenda Packets - 2014/07/28 - Laserfiche WebLink

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ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Property Monumentation. The Developer agrees to provide sufficient property monumentation (temporary), installed by or under the direction of a Professional Land Surveyor licensed in the State of Minnesota, before and during the course of the Improvements to ensure proper layout. The Developer further agrees to install all subdivision monumentation (permanent) within one year from recording of the plat, or the monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the City written verification by a registered land surveyor that the surveyor has installed the required monuments throughout the plat or subdivision. 3.02. Payment of City Costs. The Developer agrees to reimburse the City its actual costs for preparing and administering this Agreement, processing the plat and preparing and reviewing an environmental assessment worksheet (EAW) and environmental impact statement (EIS), if required. The costs to be paid shall include, but not be limited to, attorneys’ fees, engineering fees, and other technical or professional assistance, including the work of the City staff. 3.03. Attorney’s Fees. The Developer agrees to pay the City’s costs and expenses, including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. 3.04. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and Developer, and supersedes any other written or oral agreements between City and Developer. This Agreement can only be modified in writing signed by City and Developer. The parties acknowledge that amendments or modifications to this Agreement that, in the opinion of the City’s Community Development Director, substantially deviate from the approved site and construction plans or the overall intent or design of the approved commercial building project, shall require approval by the City Council. 3.05. Assignment. The Developer may not assign any of its obligations under this Agreement with- out the prior written consent of the City. 3.06. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 3.07. Representatives Not Individually Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 12