RES 21-022 APPROVING THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE STINSON APARTMENTS

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4. Right to Proceed. Developer may not grade or otherwise disturb the earth, remove trees, construct public or private improvements, or any buildings on the Property until all of the following conditions have been satisfied: (a) This agreement has been fully executed by both parties and filed with both the City Clerk and the Ramsey County Recorder's office. (b) All required securities (described in Section 3) has been received by the City. 5. Other Permits and Approvals. Developer shall secure all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of construction of the Project. 6. Compliance. All development and construction activities of the Property will be in compliance with the City Code, the Plans, and the terms and conditions of this Agreement. No material deviations from the approved plans and specifications will be permitted unless approved in writing by the City. To the extent of any inconsistency between this Agreement and City Code, this Agreement shall control. All labor and work shall be done and performed in a good and workmanlike manner. 7. Maintenance. Developer shall clean dirt and debris from streets that has resulted from construction work by Developer, subcontractors, their agents or assigns. Prior to any construction in the Property, Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. All site improvements, including, without limitation, lighting, signage, landscaping, and paved surfaces, constructed on the Property shall be maintained in good repair. 8. Default and Remedies. Upon default by Developer, or its successors in interest, the City may take whatever action at law or in equity as may appear necessary or desirable by the City to enforce performance and compliance with any obligation, agreement or covenant contained within this Agreement. Further, upon default by Developer, the City may take one or more of the following actions with respect to the portion(s) or parcel(s) of the Property involved in the default (the "Default Property"): (a) initiate an amendment to the City's comprehensive land use plan for the Default Property; (b) initiate rezoning of the Default Property to a zoning classification consistent with the amended land use designation; (c) declare null and void any building and site plan approvals or development contracts for the Default Property; (d) refuse building or other permits for the Default Property; or (e) stop work on the Default Property, through the issuance of stop work orders. 9. Developer's Warranties. Developer hereby represents and warrants to the City: (a) Developer does and will have full power and authority to enter into this Agreement and to perform hereunder and that such entry and performance does not and will not violate any right of any third party or create any liability to any third party. 4823-5307-797212