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Agenda - Council - 11/09/2021
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Agenda - Council - 11/09/2021
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3/14/2025 3:16:30 PM
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11/8/2021 2:25:46 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
11/09/2021
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such decision shall not affect the validity of the remaining portion of this <br />Agreement. <br />b. Written Amendments Only. The action or inaction of the CITY or the <br />PERMITTEE shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall <br />be in writing, signed by the parties, and approved by a resolution of the <br />CITY Council. The CITY'S or the PERMITTEE'S failure to promptly <br />take legal action to enforce this Agreement shall not be a waiver or release. <br />c. Compliance with Laws and Regulations. The PERMITTEE represents to <br />the CITY that the Improvements comply with all CITY, County, <br />metropolitan, State, and Federal laws and regulations, including but not <br />limited to: subdivision ordinances, zoning ordinances and environmental <br />regulations. If the CITY determines that the Improvements do not comply, <br />the CITY may, at its option, refuse to allow any construction or <br />development work in the Plat until the PERMITTEE does comply. Upon <br />the CITY'S demand PERMITTEE shall cease work until there is <br />compliance. <br />d. Construction Site Maintenance. The PERMITTEE shall adhere to all of <br />the CITY ordinances relating to, but not limited to, dumping of garbage, <br />site development, construction debris, open burning, etc. The CITY <br />reserves the right to withhold permits, inspections, or certificates of <br />occupancy to correct violations relating to construction site maintenance. <br />e. Estimated Cost. It is understood and agreed that cost amounts set forth in <br />this Agreement as to Improvements, unless qualified as fixed amounts, are <br />estimated. The PERMITTEE agrees to pay the entire cost of said <br />improvements including interest, engineering and legal fees related <br />thereto. <br />f. Reimbursement to the CITY. The PERMITTEE agrees to reimburse the <br />CITY for all costs incurred by the CITY in defense or enforcement of this <br />Agreement, or any portion thereof, including court costs and reasonable <br />engineering and attorney's fees. <br />g• <br />Notices. Required notices shall be in writing, and shall be either hand <br />delivered to the Parties, its employees or agents, or mailed to them by <br />certified or registered mail at the following address: <br />TO PERMITTEE: <br />U.S. Home Corporation, dba Lennar <br />Attn.: Joe Jablonski <br />16305 36th Avenue North, Suite 600 <br />Plymouth, MN 55446 <br />
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