Agenda - Parks and Recreation Commission - 05/10/1990

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(C) Developer shall sponsor an annual clean-up day in May or June of the year in which this Agreement is executed and continuing each year thereafter for residents of the City of Ramsey until completion of the Vertical Expansion. The annual clean-up day shall be conducted in accordance with the rules attached as Exhibit F. (d) Developer shall provide to the City information then available to Developer at no additional cost .to Developer reasonably necessary for the City to obtain the necessary governmental approvals for the City to construct a road on the Road Right-of-Way Parcel. Section 3.02. Conditions to Developer's Site Preparation Obligations. The Developer Shall not have the obligation to take the actions set forth in Section 3.01 of this Agreement (except that Developer shall take the actions required pursuant to Sec- tion 3.01(c) hereof for so long as the Vertical Expansion con- tinues) until the following have occurred: (a) There is no litigation pending or threatened by the City related to the Project which would (1) 'prohibi't-th~ Vertical Expansion, or (2) substantially increase the cost of the Vertical Expansion, or (3) prevent the operation of the Ski Hill in accordance with the terms of this Agreement; and there is no litigation pending or threatened by any third party which would (1) prohibit the Vertical Expansion or make the Vertical Expansion economically impractical for the Developer, or (2) prevent operation of the Ski Hill.