Agenda Packets - 2005/08/22 - Laserfiche WebLink

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SYSCO Amendment Page 3 F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. G. The Developer has sufficient funds or has obtained a commitment for financing in an amount adequate to finance construction of the Improvements. 1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement First Amendment and the Exhibits attached to this Agreement First Amendment are incorporated into this Agreement as if fully set forth herein. ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to construct the Improvements, including the grading, drainage, landscaping and other improvements required by City ordinance for development of the Property. The Improvements are more fully described in the site plan (the “Plan”) attached as Exhibit A. A final copy of the Plan must be filed with the City prior to commencement of construction of the Improvements. All labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker-like manner and in strict conformance with the Plan. Any deviation from the Plans must be approved in writing by the City. Construction of the Improvements shall be completed no later as set forth in Section 2.04 of this Agreement. Prior to initiating construction of the Improvements, the Developer shall hold a pre- construction meeting with the City to review and resolve any issues involving the construction of the Improvements. 2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits, licenses, and approvals required in connection with construction of the Improvements, and all easements and licenses necessary for access to the Property and construction of the Improvements. The Developer shall meet in a timely manner the requirements of all applicable local, state, and federal laws and regulations which must be met before the Improvements may be lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as required under this Section 2.02 or otherwise, the Developer shall satisfy and comply with all City Engineer, Rice Creek Watershed District, MPCA or DNR conditions and requirements regarding the Plans; and complete all requirements set forth in Section 3.01 of this Agreement regarding the SYSCO replat. 2.03. Staking, Surveying, and Inspections. The Developer must provide for all staking, surveying and inspections for the Improvements in order to ensure that the completed Improvements conform to the Plans. The City will provide for general inspection, at the Developer’s expense, on a basis that it determines necessary and appropriate within its sole discretion. The Developer must notify the City in advance of all tests to be performed regarding the Improvements.