CC PACKET 12161999 - Laserfiche WebLink

Home Browse Search

15. Claims. In the event that the City receives claims from contractors, subcontractors, laborers, material men, or others that work required by this Agreement has been performed, the sums due them have not been paid, and they are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the Security in an amount up to 150% of the claim(s) and deposit the funds in compliance with,the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the amount deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement. 16. Construction Access. Construction traffic access and egress for construction is restricted to access the site via Trunk Highway 88. No construction traffic is permitted on any street other than Trunk Highway 88. 17. Landscaping. The Attached Site Plan(Plan A) shall be a concept landscape plan. The Developer shall provide the City with a Final Landscape Plan in a form acceptable to the City Manager which is in substantial conformance with Plan A. The Final Landscape Plan shall (1) show planting location, size and plant species type, and(2)provide over standing trees on the perimeter between this Property and the residential land area to the West. The Final Landscape Plan shall be completed within the time of performance referred to in Section 9 of this Agreement. 18. Special Provisions. The following special provisions shall apply to the Property in addition to those set forth in the CUP: A. The building colors as provided by the developer( Plan B ) shall be used on the building. B. The Developer will provide the City a perpetual easement to that portion of the Property for the "Village Greenway Area" as indicated on the attached Site Plan (Plan A). C. The improvements in the "Village Greenway Area" (Plan A) will be paid for in the manner provided for in a development agreement to be entered into among the City, Developer and the owner of the St. Anthony Shopping Center. D. The City agrees to provide an easement to the developer for parking on the public frontage road as indicated in Plan A, so long as access to the property South of the this Property is not obstructed. E. The Property shall not be used for the servicing of any automobiles or trucks, other than installing trailer hitches on such vehicles. -3-