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03-14-2005 Council Packet
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03-14-2005 Council Packet
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12. Responsibility for Costs. Tlic Developer shall reimburse the City for all costs incurred <br />by the City for providing construction inspections. This cost will be periodically billed directly to the <br />Developer based on the actual progress of the construction. The Developer shall reimburse the City for <br />costs incurred in the cnfoivement of tliis Contract, including engineering and attorneys' fees. Tlic Developer <br />shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty <br />(30) days after receipt. Ifthe bills are not paid on time, theCity may halt all Property development work <br />and construction, until thebillsarepaid in full. Hills not paid within thirty(30) days shall accrue interest at <br />tlie rate of 8% per year. <br />13. Private Utilities. The Developer shall have installed and pay for the installation of <br />electrical, natural gas, telephone, and cable television service in conjunction wHh the overall development <br />improvements. The.se services shall be provided in accordance with each of the respective franchise <br />agreements held with the City. <br />14. Developer Kepreseiitatioiis and Covcfiaiit.s. 'fhe Developer hereby makes the <br />following representations and covenants: <br />The Developer has the legal authority and power to enter into this Agreement. Upon <br />request, the Developer shall furnish the City with evidence satisfaetory to theCity that it <br />has the authority of the fee owners and eontract for deed purehasers to enter into this <br />Agreement. <br />(b) The Developer rea.sonably expects to obtain financiai i esourccs sufficient to enable the <br />completion of the Improvements. <br />The Developer will construct, operate and maintain the Improvements in accordance with <br />the tenns of this Agreement and all local, state and federal laws and regulations, and wi II <br />construct or pay the costs of construction of any site improvements, utilities, landscaping, <br />stomiwater management facilities, roads, parking facilities which are necessary in <br />coiuiection with the con.struction of such improvements. <br />At such time or times as may be required by law, the Developer will have complied with <br />all local, state and federal etivironmental reviews, licenses, and will be in eompliance with <br />aii iu|uirements, laws, ordinances and regulations of federal, stale, and local authorities, <br />including but not limited to: <br />1. CityofOrono; <br />2. State of Minnesota, its agencies, departments and commi.ssions; <br />3. United States Army Coips of Engineers; <br />4. Watershed District(s); <br />5. Metropolitan Government, its agencies, departments and commissions. <br />(e) Tlic Developer will obtain, in a timely manner, all ra|uiiul ixiniils, liceirses ami approvals. <br />GC-4
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