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Agenda - Council Work Session - 08/13/2013
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Agenda - Council Work Session - 08/13/2013
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
08/13/2013
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or with respect thereto, nor shall any such member of the governing body or other official <br />participate in any decision relating to the Agreement which affects his personal interests or the <br />interests of any corporation, partnership or association in which he is, directly or indirectly, <br />interested. No member, official or employee of the City shall be personally liable to the <br />Developer, or any successor in interest, in the event of any default or breach by the City or for <br />any amount which may become due to the Developer or successor or on any obligations under <br />the terms of this Agreement. <br />Section 17.4. Incorporation by Reference. All City approved plans, special provisions, <br />proposals, specifications and contracts for the improvements furnished and let pursuant to this <br />Agreement shall be and hereby are made a part of this Agreement by reference as as if fully set out <br />herein. <br />Section 17.5. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under the Agreement by either party to <br />the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally to the addresses hereinbefore <br />set forth on Page 1, or at such other address with respect to either such Party as that Party may, <br />from time to time, designate in writing and forward to the other as provided in this Section. <br />Section 17.6. Titles of Articles and Sections. Any titles of the several parts, Articles and <br />Sections of this Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 17.7. Validity. If any portion, section, subsection, sentence, clause, paragraph <br />or phrase in this Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. <br />Section 17.8. Clerical Revisions. In the event that any technical or clerical revisions are <br />needed in this document or if for any reason the County Recorder deems this Agreement un- <br />recordable, the Developer shall cooperate with the City in the execution or amendment of any <br />revised development agreement. <br />Section 17.9. Binding Effect. The terms and provisions hereof shall be binding upon and <br />inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and <br />shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed <br />covenants running with the land. Notwithstanding the foregoing, individual homeowners shall not <br />be obligated to perform Developer's obligations hereunder. <br />Section 17.10. Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall constitute one and the same instrument. <br />Section 17.11. Law Governing. This Agreement will be governed and construed in <br />accordance with the laws of the State of Minnesota. <br />21 <br />
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