Laserfiche WebLink
(b) the Applicable Developer has paid to the City the inspection fees <br /> established under the City Zoning Code with respect to the work to be performed as a <br /> part of that Phase; and the Applicable Developer has provided the City with evidence that <br /> the Applicable Developer has obtained all approvals required from the Rice Creek <br /> Watershed District or other governmental authority before performing such work. <br /> The personal guarantee of an Applicable Developer or its principals shall be deemed adequate <br /> security if the guarantor demonstrates to the City a net worth more than five times the amount of <br /> the security required. Any personal guarantee provided in lieu of a Letter of Credit shall be in <br /> such form as the City requires. <br /> Section 3.10 For Sale Demolition Timing. The demolition of the Three Commercial <br /> Properties and any demolition of Phase II Development Property shall occur only after the <br /> delivery of the applicable Go-Ahead Letter, or earlier upon approval by the Authority. <br /> Section 3.11 Street Vacations within the Development Property. The City, in accordance <br /> with applicable ordinances and Minnesota statutes, will vacate those portions of 39th Avenue, <br /> Apache Lane and any other public right of way located adjacent or within the Development <br /> Property as required for the Project, in accordance with the PUD Agreement and the Final Plans. <br /> The Applicable Developer shall apply for any such vacation in accordance with the ordinances of <br /> the City. The staff of the City and Authority will cooperate with and assist the Applicable <br /> Developer in processing and obtaining such vacations. Action on any vacation application shall <br /> be taken by the City in a time frame consistent with other approvals of that Element or Phase and <br /> consistent with the timing of the Public Improvements. <br /> Section 3.12 City/Authority Approval. Whenever this Agreement provides for approval <br /> by the Authority or the City, such approval shall be given by the Executive Director of the <br /> Authority or the City Manager of the City(or in either case his/her designee), unless (a) this <br /> Agreement explicitly provides for approval by the Board of the Authority or the City Council of <br /> the City, (b) approval by the Board or Council is required by law or (c)the approval, in the <br /> opinion of the Executive Director or City Manager, would result in a material change in the <br /> terms of this Agreement. <br /> ARTICLE IV <br /> AUTHORITY AND DEVELOPER'S ACQUISITION <br /> OF THE DEVELOPMENT PROPERTY <br /> Section 4.1 Private Acquisition of Development Proverty. <br /> (a) Ste Marie Property and Cub Parcel. The Commercial Developer and <br /> Developer have entered into, as regards the Ste. Marie Property, or will enter into <br /> purchase agreements for certain other portions of the Development Property and certain <br /> property outside the Project to extinguish the Cub Restrictions that burden the <br /> Development Property, including the Cub Parcel and SuperValu Leasehold Rights. <br /> (i) The Authority has approved the purchase agreement with respect to the <br /> Ste. Marie Property, which the Developer has entered into prior to the date of entry into <br /> this Agreement, and which Developer has or will acquire privately. The Developer(or <br /> 23 <br />