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Agenda - Economic Development Authority - 12/01/2003
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Agenda - Economic Development Authority - 12/01/2003
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1/12/2004 11:57:21 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Economic Development Authority
Document Date
12/01/2003
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A~eement and performance of any obligations by the other or waive -the fulJSllrnent of any <br />condition that is precedent to the performance by the party so waiving of any of its obligations <br />under this Master Ageement. Any agreement on the part of any party for any such extension or <br />waiver must be i2 wnting. No waiver of any of the provisions of this Master Agreement shall be <br />deemed, or shall constitute, a waiver of any other provisions, whether or not sim/.Iar, nor shall <br />any waiver constitute a continuing waiver. <br /> <br /> 16.6 EXEMPT CONVEYANCES. Sections 7.7, 7.13 and 9.7 obligate the.Developer <br />to prepay levied special assessments or escrow funds for the prepayment of pending special <br />assessments when any port/on oft he Subject Property is sold. The following conveyances are <br />exempt fi.om the prepayment and escrow requirements of Sections 7.7, 7.13 and 9.7: <br /> <br />(a) <br /> <br />The City's. conveyance to the Developer of the portion of the City owned well site <br />not included within-Lot 1, Block 3, as depicted on the preliminary Plat or any <br />series of conveyances between the Developer and the City necessary to transfer <br />the portion of the City, well site not included w/th/n Lot 1, Block 3 as described/2 <br />the Preliminary Plat to the Developer; <br /> <br />Cb) <br /> <br />The Developer's conveyance to a successor Developer of ali of the Subject <br />Property that the Developer owns; all of the Sabjecf Property zoned for residential <br />development that the Developer owns or all of the Subject Property zoned for <br />non-residential development that the Developer owns; and <br /> <br />(c) <br /> <br />The City's conveyance of the CiD/S 90 Foot Tract to the Developer and the <br />Developer's conveyance of the City Hall Site to the City. <br /> <br />It is ~e City's intent to require the prepayment of levied special assessments or the escrow of <br />funds for the prepayment of pending special assessments upon the Developer's conveyance to <br />Secondary Developers, but not to require such prepayments or escrows upon the Developer's <br />conveyance to a successor master developer, and the City may, at its option, elect to exempt <br />other conveyances from the prepayment and escrow requirements. - "' <br /> <br /> 16.7 GOVERNING LAW. This Master Agreement shall be governed by and <br />construed in accordance with the laws of the State of.Minnesota. <br /> <br /> 16.8 COUNTER_PARTS. This Master Agreement may be executed, in any number of <br />counterparts, each of which shall be deemed an ori~nal but all ofwh/ch shall constitute one and <br />the same instrument. <br /> <br /> 16.9 HEADI2'4GS. The subject headings of the Sections ofthis Master Agreement are <br />included for purposes of converfience only, and shall not affect the construction or interpretation <br />of my of its provisions. <br /> <br /> 16.10 ACCESS. The Developer hereby gants to the City., its agents, employees, <br />officers and contractors a license to enter the Subject Property to perform the City's obligations <br />wkh respect to the City Public Improvements and to inspect the Developer ?ublic Improvements. <br /> <br />1555730v13 41 ~ <br /> <br /> <br />
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