Agenda - Council - 11/07/2022 - Laserfiche WebLink

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a. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Agreement. b. Written Amendments Only. The action or inaction of the CITY or the PERMITTEE shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by a resolution of the City Council. The CITY'S or the PERMITTEE'S failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. c. Compliance with Laws and Regulations. The PERMITTEE represents to the CITY that the Improvements will comply with all CITY, County, State, and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the CITY reasonably determines that the Improvements do not comply, the CITY may, at its option, refuse to allow any construction or development work in the Plat until the PERMITTEE does comply. Upon the CITY'S demand PERMITTEE shall cease work until there is compliance. d. Construction Site Maintenance. The PERMITTEE shall adhere to all of the CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. on the Subject Property. The CITY reserves the right to withhold permits, inspections, or certificates of occupancy to correct violations relating to construction site maintenance. e. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as to Improvements, unless qualified as fixed amounts, are estimated. The PERMITTEE agrees to pay the entire cost of said Improvements including interest, engineering and legal fees related thereto. f. Reimbursement to the CITY. The PERMITTEE agrees to reimburse the CITY for all costs reasonably incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney' s fees. g• Notices. Required notices shall be in writing, and shall be either hand delivered to the Parties, its employees or agents, or mailed to them by certified or registered mail at the following address: TO PERMITTEE: TCLD Fund 1 Trott Brook, LLC Attn.: Tracey Rust 4800 Olson Memorial Highway, Suite 100 Golden Valley, MN 55422 TO THE CITY: City of Ramsey Attn: Brian Hagen, City Administrator 7550 Sunwood Drive NW Ramsey, MN 55303