Agenda - Council - 09/13/2022 - Laserfiche WebLink

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m. Force Majeure Delays. Neither the CITY nor the PERMITTEE shall be held responsible for delays in the performance of its obligations hereunder when caused by labor or material shortages, weather, acts of God, labor disputes or other causes beyond the reasonable control of such party (collectively, the "Force Majeure Delays"). However, events of Force Majeure Delays shall not extend any period of time for the payment of obligations payable by either party hereunder. n. Trail Easement. The PER1VIITTEE shall grant a Trail Easement to the CITY and shall be responsible for recording a Trail Easement Agreement prior to issuance of the Certificate of Occupancy. o. Compliance with State Noise Regulations. The PERIVIITTEE shall enter into a Noise Compliance Agreement with the CITY that compels the PERMITTEE to maintain compliance with all applicable State of Minnesota noise regulations. Said Noise Compliance Agreement shall be recorded against the Subject Property prior to issuance of the Certificate of Occupancy. P. q Stormwater Maintenance Agreement. The PER1VIITTEE shall enter into a Stormwater Maintenance Agreement with the CITY to ensure compliance and long- term functionality of the storm drainage facilities and stormwater maintenance under the Required Private Improvements. The PERMITTEE shall be responsible for recording the Stormwater Maintenance Agreement against the Subject Property prior to issuance of the Certificate of Occupancy. Memorandum of Agreement; Release of Agreement. No party shall cause this Agreement to be recorded or filed in the Office of the Registrar of Titles in and for Anoka County, Minnesota (the "Recording Office"). However, the parties shall cause a memorandum of this Agreement to be so recorded in the form hereto attached as Exhibit D in the Recording Office. At the time of execution of this Agreement, the parties will also execute and acknowledge the memorandum of this Agreement, which shall evidence that the terms of this Agreement shall run with title to the Subject Property. After the PER1VIITEE has completed the work required of it under this Agreement, at the PER1VIITTEE'S request, the CITY will execute and deliver to the PER1VIITTEE a release of this Agreement, in recordable form. [The remainder of this page is intentionally left blank.]