CC PACKET 02082022 - Laserfiche WebLink

Home Browse Search

6.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 in the office of the County Recorder of Hennepin County, Minnesota; (b)All required Security (described in Section 3) has been received by the City. 7.Permits and Approvals. Developer shall secure all necessary approvals and permits from the City and all appropriate federal, state, regional and local jurisdictions prior to the commencement of construction of the Project. 8.Compliance. Developer shall cause all development and construction activities on the Property to be in compliance with the City Code, all other applicable legal requirements, the Plans, and the terms and conditions of this Agreement. No material deviations from the approved Plans will be permitted unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayedsubject to the City’s ordinary regulatory review process. 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. 9.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 on 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. 10.Default and Remedies. (a)Default and Remedies. Upon any failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, or upon a breach of any representation or warranty of Developer under this Agreement, the City may provide written notice thereof to Developer and Developer shall have 30 days to cure such failure and/or breach (or such longer time period as may be reasonably required due to the nature of such failure and/or breach, provided that Developer is diligently pursuing the cure, but not to exceed an additional 60 days) before the City shall have the right to pursue any remedies available to the City at law or in equity, and/or any of the following remedies: (i)specifically enforce this Agreement; (ii)draw on the Security pursuant to Section 3; (iii)stop work on the Property, through the issuance of stop work orders; (iv)suspend or deny building and occupancy permits for buildings within the Property; (v)suspend any work, improvement or obligation to be performed by the City; 3 2483258.v2 4887-6170-0872\3