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<br />518333v7 DTA MU205-47
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<br />13. Affordable Housing. The Developer understands that due to its plans to construct affordable
<br />housing on the Property, the purchase price has been significantly discounted for the reasons
<br />provided in that certain Memorandum of Understanding (“MOU”) between the EDA and
<br />Ramsey County. The MOU language is attached hereto as Exhibit C. The Developer
<br />agrees to abide by all of the terms and conditions related to affordability contained in the
<br />MOU and in the CPD including, but not limited to, executing and recording against the
<br />Property a Declaration of Restrictive Covenants, as required by section 4.5 of the CPD.
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<br />14. Park Dedication. Without limitation of any other obligation of the Developer contained in
<br />this Agreement or set forth in federal, state, or local law, the Developer agrees to comply
<br />with any dedication requirements, including park dedications or payments in lieu which may
<br />be required by the City’s subdivision regulations, upon execution of this Agreement. The
<br />cash in lieu of park dedication is estimated to be approximately $36,844.00.
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<br />15. Building/Occupancy Permits. No Building Permits will be issued for the Project until all
<br />City utilities and services are installed (water, sanitary sewer and storm sewer). No
<br />occupancy permits shall be issued for the Project until the site grading is completed and
<br />approved by the City, all public utilities are tested, approved by the City, and in service,
<br />and all building permit fees are paid in full.
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<br />16. Parking and Storage. The Developer agrees to provide adequate parking and storage area
<br />for workers, equipment, construction materials, or other items associated with the Project.
<br />Existing developed public roadways or rights-of-way shall not be utilized for these
<br />purposes except as allowed by the City.
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<br />17. Indemnification. Notwithstanding anything to the contrary in this Agreement, the
<br />Authority, its officials, agents, and employees shall not be liable or responsible in any
<br />manner to the Developer, Developer's successors or assigns, the Developer's contractors or
<br />subcontractors, material suppliers, laborers, or to any other person or persons for any claim,
<br />demand, damage, or cause of action of any kind or character arising out of or by reason of
<br />the execution of this Agreement or the performance and completion of this Agreement. The
<br />Developer, and the Developer's successors or assigns, agree to protect, defend and save the
<br />Authority, and its officials, agents, and employees, harmless from all such claims, demands,
<br />damages, and causes of action and the costs, disbursements, and expenses of defending the
<br />same, including but not limited to, attorney fees, consulting engineering services, and other
<br />technical, administrative or professional assistance. Nothing in this Agreement shall
<br />constitute a waiver or limitation of any immunity or limitation on liability to which the
<br />Authority is entitled under state law or otherwise.
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<br />18. Payment of EDA/City Costs. The Developer agrees to reimburse the Authority and the City
<br />its actual costs regarding: (i) preparing and administering this Agreement and all other
<br />documents, permits, and applications related thereto; (ii) processing the plat required by this
<br />Agreement and all other subdivision approvals relating to the Property; and (iii) preparing
<br />and reviewing an environmental assessment worksheet (EAW) and environmental impact
<br />statement (EIS), if required. In addition to and without limitation of the foregoing, the costs
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