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8.1 SR 05-17-2021
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8.1 SR 05-17-2021
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<br />(e) The Developer and its transferees shall comply with such other conditions as <br />are necessary in order to achieve and safeguard the purposes of the Act, the TIF Act and <br />this Agreement; and <br />(f) In the absence of a specific written agreement by the City to the contrary, no <br />such transfer or approval by the City thereof shall be deemed to relieve the Developer or <br />any other party bound in any way by this Agreement or otherwise with respect to the <br />construction of the Project, from any of its obligations with respect thereto. <br />(3) The Developer agrees to pay all reasonable legal fees and expenses of the City, <br />including fees of the City Attorney’s office and outside counsel retained by the City to review the <br />documents submitted to the City in connection with any Transfer. <br />(4) Nothing contained in this Section shall prohibit the Developer from (i) entering into <br />leases with tenants in the ordinary course of business, or (ii) entering into easements or other <br />agreements necessary for the construction or operation of the Project. <br />Section 5.4. Conflicts of Interest. No member of the governing body or other official of <br />the City shall have any financial interest, direct or indirect, in this Agreement, the Development <br />Property or the Project, or any contract, agreement or other transaction contemplated to occur or <br />be undertaken thereunder or with respect thereto, nor shall any such member of the governing body <br />or other official participate in any decision relating to this Agreement which affects his or her <br />personal interests or the interests of any corporation, partnership or association in which he or she <br />is directly or indirectly interested. No member, official or employee of the City shall be personally <br />liable to the City in the event of any default or breach by the Developer or successor or on any <br />obligations under the terms of this Agreement. <br />Section 5.5. Titles of Articles and Sections. Any titles of the several parts, articles and <br />sections of this Agreement are inserted for convenience of reference only and shall be disregarded <br />in construing or interpreting any of its provisions. <br />Section 5.6. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under this Agreement by any party to any <br />other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally, and <br />(a) in the case of the Developer is addressed to or delivered personally to: <br />Stonewood Development LLC <br />_____________ <br />______________ <br />Attn: ___________ <br /> <br />(b) in the case of the City is addressed to or delivered personally to the City at: <br /> <br />City of Elk River, Minnesota <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />18 <br />EL185-50-718703.v2 <br /> <br />
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