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CCP 06-02-2014
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CCP 06-02-2014
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12/8/2014 12:33:07 PM
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6/2/2014 8:17:09 AM
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from the City, and will contract with Redeveloper to perform site development services and <br />construct the Minimum Improvements, all in accordance with this Agreement. <br />(d) The Owner will contract with Redeveloper to obtain all required permits, licenses <br />and approvals, and will meet, in a timely manner, all requirements of all applicable local, state <br />and federal laws and regulations which must be obtained or met before the Minimum <br />Improvements may be lawfully operated for their intended use. <br />(e) The Owner will reasonably cooperate with the City and the Redeveloper with <br />respect to any litigation commenced by third parties in connection with this Agreement and any <br />litigation commenced by the City or Redeveloper against third parties in connection with this <br />Agreement. <br />(f) The Owner will not assign or convey any interest in the Redevelopment Property, <br />Option Property, Minimum Improvements or any portion thereof, or this Agreement or any <br />portion thereof, to any tax- exempt entity or take any other action which would result in the <br />Redevelopment Property, Option Property, Minimum Improvements becoming exempt from the <br />levy of ad valorem property taxes, or any statutorily authorized alternative, until after the <br />dissolution or other termination of the Tax Increment District, without the prior written approval <br />of the City, whose approval shall be conditioned upon the Owner executing a payment in lieu of <br />tax agreement reasonably satisfactory to the City. The Owner will execute and record the <br />Prohibition Against Tax Exemption in substantially the form attached hereto as Exhibit G in <br />connection with the conveyance of the Redevelopment Property to the Owner. <br />(g) There are no pending or threatened legal proceedings of which the Owner has <br />knowledge which seek to restrain or enjoin the transactions contemplated by the Agreement or <br />which question the authority of the Owner to execute and deliver this Agreement or the validity <br />of this Agreement. <br />ARTICLE III <br />LAND USE AND DEVELOPMENT CONTROLS <br />Section 3.1. Zoning and Land Use Approvals. City approval for the Project will be <br />processed as part of a Planned Unit Development (PUD) as defined under Chapter 7, Article 2 of <br />the City Zoning Ordinance. The Redeveloper, on behalf of the Owner, shall submit the <br />appropriate application materials as required under such Chapter. The staff of the City shall <br />reasonably cooperate with and assist the Redeveloper and the Owner in applying for and <br />processing such applications, including without limitation seeking all necessary approvals, if <br />required, from the Metropolitan Council and the MPCA. The Redeveloper, on behalf of the <br />Owner, shall be responsible for applying for and obtaining all land use and zoning approvals <br />necessary for the Project. All zoning and land use approvals shall be by the City Planning <br />Commission or City Council in accordance with the ordinances of the City. <br />Section 3.2. Platting. The City has prepared a concept drawing which is shown on <br />Exhibit A. The concept drawing depicts the Redevelopment Property. The Redeveloper shall <br />11 <br />
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