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09-21-2009 Planning Commission Packet
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09-21-2009 Planning Commission Packet
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� subcontractors, materialmen, laborers, or any other <br /> person, firm or corporation, for any debt, claim, demand, <br /> damages, actions, or causes of action of any kind or <br /> character, arising out of or by reason of the execution <br /> of this agreement or the performance and completion of the <br /> improvements. <br /> 13 . Hold Harmless and Indemnification: The Developer shall <br /> indemnify and hold harmless the City, the City Council, <br /> and the agents and employees of the City from and against <br /> all claims, damages, losses or expenses, including <br /> attorney fees, which the City, City Council and agents and <br /> employees of the City may suffer or for which it may be <br /> held liable, arising out of or resulting from the <br /> assertion against them of any claims, debts or <br /> obligations in consequence of the performance of this <br /> agreement by the Developer, its employees, agents or <br /> subcontractors, whether or not caused in part by a party <br /> indemnified hereunder. <br /> 14 . Remedy for Default: Default by the Developer of any of <br /> the terms of this agreement shall automatically result in <br /> the suspension or withholding of all permits, licenses, <br /> occupancy certificates or other authorizations issued by <br /> the City in connection with the property included in this <br /> development. The remedies afforded to the City under this <br /> Section shall be in addition to any other remedies to <br /> which the City may be entitled by law or other agreement. <br /> Default by the City shall entitle the Developer to seek <br /> injunctive/mandatory relief through the courts, together <br /> with other relief as the law may provide. <br /> 15. Controllinq AQreement. To the extent that there is any <br /> difference or ambiguity between this Planned Unit <br /> Development Agreement and other agreements between the <br /> city and the developer, this Planned Unit Development <br /> Agreement shall control. <br /> IN W�TNESS WHEREOF, the City and Developer have <br /> caused this agreement to be duly executed on the day and year <br /> first above written. <br /> In Presence of: CITY OF ORONO <br /> '� :.��.,.'"_�: {..: <br /> ` � . �; � r � � i� � r. � � . <br /> '"1/I��'�•L .(4._ ��i?��.-��.._. �,By� ..,Q� � r� 3,,} �y,��^�� ��v. <br /> . -Er <br /> . (Ma or) �--�...__...- - <br /> . / , ., �• <br /> .� /, _ , �;. <br /> �./ 'i_i r _. /`./r.�1<��. ./ -.It:,'�•1 ���, r1�, <br /> i ' ,1 <br /> � � _; By: <br /> ity rk) <br /> v�.,. <br /> �'""�•� THERESA L. NAAB <br /> ���.-c�.ks NOTARY PUBUC - MIN�ESOTA <br /> 3��'•�:� <br /> �. • ay HENNEPIN COUNTY <br /> ��-'.+ My commisslon expires 9-8-92 • <br /> - Initials of Developer �..�i` <br /> Initials of City Clerk/,��r�� <br /> Page 5 of 6 <br />
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