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06-25-2018
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Last modified
1/29/2025 9:15:42 AM
Creation date
8/6/2018 5:55:22 AM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
6/25/2018
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
6/25/2018
EDA Document Type
Council Packets
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13 <br />518333v9 DTA MU205-47 <br />order as may be deemed expedient by the Authority and shall not be a waiver of <br />the right to exercise at any time thereafter any other right, power or remedy. <br /> <br />g. This Agreement, together with the exhibits hereto, which are incorporated by <br />reference, constitutes the complete and exclusive statement of all mutual <br />understandings between the parties with respect to this Agreement, superseding all <br />prior or contemporaneous proposals, communications, and understandings, whether <br />oral or written, pertaining to the subject matter of this Agreement. <br /> <br />h. Data provided to the Developer or received from the Developer under this <br />Agreement shall be administered in accordance with the Minnesota Government <br />Data Practices Act, Minnesota Statutes, Chapter 13. <br /> <br />25. Assignment. The Developer may not assign any of its obligations under this Agreement <br />without the prior written consent of the Authority. <br /> <br />26. No Additional Waiver Implied by One Waiver. In the event any covenant or agreement <br />contained in this Agreement should be breached by either party and thereafter waived by the <br />other party, such waiver shall be limited to the particular breach so waived and shall not be <br />deemed to waive any other concurrent, previous or subsequent breach hereunder. <br /> <br />27. Conflict of Interests; Representatives Not Individually Liable. No officer, official, or <br />employee of the Authority shall have any personal financial interest, direct or indirect, in <br />this Agreement, nor shall any such officer, official, or employee participate in any decision <br />relating to the Agreement which affects his or her personal financial interests, directly or <br />indirectly. No officer, official, or employee of the Authority shall be personally liable to the <br />Developer, or any successor in interest, in the event of any default or breach or for any <br />amount which may become due or on any obligation under the terms of this Agreement. <br /> <br />28. Provisions Not Merged With Deed. None of the provisions of this Agreement is intended to <br />or shall be merged by reason of delivery of the Property Deed and the Property Deed shall <br />not be deemed to affect or impair the provisions and covenants of this Agreement. <br /> <br />29. Agreement to Run with Land; Release. This Agreement may be recorded among the land <br />records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the <br />Property and be binding upon the Developer and its assigns or successors in interest. <br />Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall <br />relieve the Developer of its liability for full performance of this Agreement unless the City <br />expressly so releases the Developer in writing. Following the issuance of a certificate of <br />occupancy, and at the written request of the Developer, a lender or a party purchasing any <br />portion of the Property, the City agrees to execute a certification in writing releasing the <br />Property from the Developer’s obligations under this Agreement. Such certification shall <br />not release the Property from any ongoing obligations regarding the Property. <br /> <br />30. Notices and Demands. Except as otherwise expressly provided in this Agreement, any <br />notice, demand, or other communication under the Agreement or any related document by
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