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Agenda - Council - 11/12/2013
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Agenda - Council - 11/12/2013
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Meetings
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Council
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11/12/2013
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d. Release of Obligations. After the Secondary Developer has completed the <br />work required of it under this Development Contract, at the Secondary Developer's <br />request the City will execute and deliver to the Secondary Developer a full and final <br />release from any obligations and liabilities under this Development Contract; except for <br />maintenance obligations which shall continue until expiration of the maintenance period <br />and be released upon such expiration. <br />e. Assignment. Secondary Developer may assign its rights under this <br />Development Contract. Any such assignment shall relieve and discharge the assignor <br />Secondary Developer from all obligations, responsibilities and liabilities of Secondary <br />Developer under this Development Contract (except for any defaults existing under this <br />Development Contract at the time of such assignment) provided that the assignee <br />Secondary Developer assumes all such obligations, responsibilities and liabilities of <br />Secondary Developer under this Development Contract. No such assignment shall be <br />effective unless the City gives its written approval, which approval shall not be unduly <br />withheld. Said written approval shall be contingent upon the .City finding that the <br />assignee has the financial capacity to undertake the obligations of the Secondary <br />Developer. <br />f. Boulevard and Area Restoration, The Secondary Developer shall be <br />responsible for the cost of establishing seed in all boulevards within thirty (30) days of <br />the completion of the street improvements, and restoring all other areas disturbed by the <br />development grading operation in accordance with the grading and erosion control plan <br />set forth in the Final Plans. The Secondary Developer shall also be responsible for the <br />cost of cleaning any soil, earth or debris from the wetlands within and adjacent to the <br />Subject Property resulting from grading performed by the Secondary Developer under <br />this Development Contract. <br />g. Construction Site Maintenance. The Secondary Developer shall adhere to <br />all City ordinances relating to, but not limited to, dumping of garbage, site development, <br />construction debris, open burning, etc. <br />h. Estimated Cost. It is understood and agreed that cost amounts set forth in <br />this Development Contract as Improvements, unless specified as fixed amounts, are <br />estimated. The Secondary Developer agrees to pay the entire cost of said improvements <br />including interest, engineering and legal charges. <br />i. Plat and Site Plan Approval Expenses. The Secondary Developer agrees <br />that it will pay to the City all City expenses incurred in the approval of the Site Plan and <br />Plat, including, but not limited to administration expenses, engineering and legal fees. <br />Said expenses shall be paid within fifteen (15) days of billing by the City and outstanding <br />billings shall be paid prior to recording of the Plat. Any expenses incurred after <br />recording of the Plat shall also be paid within said fifteen (15) day billing period. Failure <br />to pay the City's expenses within the fifteen (15) day billing period will permit the City <br />to draw upon any of the escrows required by this contract for payment. <br />Ramsey Town Center 3rd Addition <br />Development Contract <br />Page 13 of 17 Pages <br />
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