Agenda Packets - 2004/08/09 - Laserfiche WebLink

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personally: (a) as to the Developer: c/o The Velmeir Companies 7900 International Suite 200 Bloomington, MN 55425 Attn: Jim LaValle (952) 883-3241 (b) as to the City: City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1429 Attn: City Administrator or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 3.09. 3.10. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the Developer contained in this Agreement or set forth in federal, state, or local law, the Developer agrees to comply with any dedication requirements, including park dedications or payments in lieu which may be required by the City's subdivision regulations, Mounds View City Code Chapter 15. The Developer desires to provide the City with a payment in lieu of a park dedication as calculated pursuant to the City's subdivision regulations, in the amount of $57,813.00, to be paid within ninety (90) days of full execution of this Agreement. The Developer further expressly acknowledges and agrees that the Improvements and all easements and other rights in the Property necessary and related to the City’s ownership of some of the Improvements, namely the “Trail”, (all of which shall be described in the plat required by the City’s subdivision regulations), shall inure to the City upon the Developer’s compliance with this Agreement, acceptance by the City of the Improvements, and approval and recording of a final plat as set forth in the City’s subdivision regulations. 3.11. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.12. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.13. Choice of Law and Venue. 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.