Agenda - Planning Commission - 08/04/2016

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any reason whatsoever, such illegality or invalidity shall not affect the legality or validity of the remainder of the Agreement. 27. CONSTRUCTION. The Parties acknowledge that this Agreement was initially prepared by Seller solely as a convenience and that all Parties and their counsel hereto have read and full negotiated all the language used in this Agreement. The Parties acknowledge that because all Parties and their counsel participated in negotiating and drafting this Agreement, no rule of construction shall apply to this Agreement to construe ambiguous or unclear language in favor of or against any Party. 28. COUNTERPARTS; DIGITAL COPIES. This Agreement may be executed in any number of counterparts and the signature pages of the separate counterparts combined into a single copy of this Agreement which will then constitute a fully executed version of this Agreement. A facsimile, .pdf file or digital copy of a signed counterpart or of an assemblage of counterparts of this Agreement shall be deemed to be an original thereof. 29. PLATTING & DEVELOPMENT AGREEMENT. a. Buyer must obtain an approved final plat and enter into a development agreement with the City of Ramsey for the development of a 5100 square foot building and related improvements on the Property before Closing (such development being referred to herein as the "Project"). Development Agreement and Site Plan must comply with all local zoning ordinances and design standards, including The COR Design Standards. The Development Agreement required for development of the Land shall include, as exhibits, the site design and the front, side and rear elevations of the proposed structure(s). Seller expressly reserves the right to approve the site design and elevations to be utilized on this Property, such approval not to be unreasonably withheld, conditioned or delayed as long as the site plan and elevations comply with applicable design standards and zoning ordinances. b. The Development Agreement shall, among other things, provide for the following: i. The Property shall have adequate access available through an existing curb cut on Sunwood Drive as shown on Exhibit A. Seller shall secure access rights and/or assist Buyer in obtaining access rights to the Property as required. ii. Buyer shall be responsible for design and construction of the extension of the existing access road that is located to the west of the existing Casey's General Store to the south. The extension will terminate at the south property line of the Property as shown on the Exhibit A attached hereto.