Agenda Packets - 2004/08/09 - Laserfiche WebLink

Home Browse Search

statement (EIS), if required. In addition to and without limitation of the foregoing, the costs to be reimbursed by the Developer to the City shall include, but not be limited to, attorneys fees, engineering fees, inspection fees, and the costs and fees of other technical and professional assistance (including but not limited to the cost of City staff time) incurred or expended by the City on activities arising out of this Agreement, the Improvements, and other undertakings related thereto. The Developer shall, upon execution of this Agreement, deposit with the City the amount of $1,000.00 to be applied to payment of the costs described in this Section 3.03, provided that if such costs exceed this amount, the Developer shall, upon demand by the City, pay such additional costs to the City within ten (10) days of such demand, and provided further that the amount by which this deposit exceeds the City's actual costs, if any, shall be returned to the Developer. In the event City does not recover its costs for completing the Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Improvements. 3.04. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including reasonable attorney fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement. 3.05. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 3.06. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 3.07. 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. Absent an event of default, this Agreement shall terminate three (3) years from the date of completion and approval by the city of the Improvements as evidenced by a final certificate of occupancy. 3.08. 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. 3.09. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered