Agenda - Council - 11/12/2013 - Laserfiche WebLink

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Agreement and perfoiniance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Master Agreement Any agreement on the part of any party for any such extension or waiver must be in writing No waiver of any of the provisions of this Master Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver 16 6 EXEMPT CONVEYANCES Sections 7 7, 7 13 and 9 7 obligate the Developer to prepay levied special assessments or escrow funds for the prepayment of pending special assessments when any portion of the Subject Property is sold The following conveyances are exempt from the prepayment and escrow requirements of Sections 7 7, 7 13 and 9 7 (a) The City's conveyance to the Developer of the portion of the City owned well site not included within Lot 1, Block 3, as depicted on the Preliminary Plat or any series of conveyances between the Developer and the City necessary to transfer the portion of the City well site not included within Lot 1, Block 3 as descnbed in the Preliminary Plat to the Developer, (b) The Developer's conveyance to a successor Developer of all of the Subject Property that the Developer owns, all of the Subject Property zoned for residential development that the Developer owns or all of the Subject Property zoned for non-residential development that the Developer owns, and The City's conveyance of the City's 90 Foot Tract to the Developer and the Developer's conveyance of the City Hall Site to the City It is the City's intent to require the prepayment of levied special assessments or the escrow of funds for the prepayment of pending special assessments upon the Developer's conveyance to Secondary Developers, but not to require such prepayments or escrows upon the Developer's conveyance to a successor master developer, and the City may, at its option, elect to exempt other conveyances from the prepayment and escrow requirements 16 7 GOVERNING LAW This Master Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota (c) 16 8 COUNTERPARTS This Master Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument 16 9 HEADINGS The subject headings of the Sections of this Master Agreement are included for purposes of convenience only, and shall not affect the construction or interpretation of any of its provisions 16 10 ACCESS The Developer hereby grants to the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform the City's obligations with respect to the City Public Improvements and to inspect the Developer Public Improvements 1555730v13 41