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9. Termination. This agreement may be terminated prior to its expiration by the City as to <br /> all or a portion of the Redevelopment Property upon the giving of written notice to the <br /> Redeveloper that the Redeveloper is not cooperating with the City in attempting to reach <br /> agreement on terms of a Redevelopment Agreement or is otherwise not diligently <br /> pursuing the redevelopment of said portions of the Redevelopment Property. <br /> Redeveloper shall have a reasonable time, but in no event less than 30 days, to <br /> demonstrate to the City's reasonable satisfaction that it is diligently pursuing such matter. <br /> 10. City Consultants. <br /> (a) The City intends to retain the services of Dorsey & Whitney , LLP. and Ehlers & <br /> Associates upon the execution of this agreement. Dorsey & Whitney is being <br /> retained to assist with legal matter pertaining to redevelopment financing and the <br /> Redevelopment Agreement. Ehlers & Associates is being retained to assist the <br /> City in the technical matters such as project management, financial feasibility, tax <br /> increment calculations, "but-for" analysis, and other factors pertaining to any <br /> claim for economic assistance. <br /> (b) Redeveloper agrees that it will be responsible for reimbursing the City for all fees <br /> and expenses incurred by the City pursuant to Section 10(a). <br /> (c) Redeveloper has, simultaneously with the execution of this Agreement, deposited <br /> the sum of$10,000 with the City. The City shall apply such deposited amount to <br /> • the costs described in Section 10(a). Upon termination or expiration of this <br /> Agreement, any unused portion of the deposit will be refunded to Redeveloper. If <br /> at any time during the Term of this Agreement, the City pays such costs in excess <br /> of the deposit, the City shall notify the Redeveloper and the Redeveloper shall <br /> reimburse the City for such excess amount within 10 days of such notification. <br /> 11. Assignment. This Agreement shall not be assigned by the Redeveloper without the <br /> written approval of the City. In the event this Agreement expires or is terminated without <br /> the parties entering into a definitive Redevelopment Agreement, the Redeveloper shall <br /> assign the Preliminary Agreement to such entity or entities an the City shall direct. In the <br /> event the Redeveloper is directed to provide such an assignment, and fails or refuses to <br /> do so, the City is hereby appointed the agent of the Redeveloper for the sole purpose of <br /> perfecting such assignment, which the City may undertake and complete without further <br /> action by or approval of the Redeveloper. <br /> 12. Notices. All communications shall be directed to the Redeveloper at the address listed <br /> above with copies to: <br /> Redeveloper: Amcon Construction <br /> Atn: Jim Winkels <br /> 200 West Highway 13 <br /> Burnsville MN 55337 <br /> 952-890-1217 - Phone <br /> 952-890-0064—Fax <br /> 4 PRE-REDEVELOPMENT AGREEMENT <br />