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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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2014 (the "Geotechnical Corrections "). The parties have agreed that <br />Redeveloper will perform the Geotechnical Corrections as part of the <br />Remediation Work, including, without limitation, installation of <br />"geopiers" all as set forth in the AET report. The Redeveloper shall be <br />reimbursed for its share of the costs incurred in connection with <br />implementing the Geotechnical Corrections from the Escrow Account <br />described below at Section 5.3. <br />(4) The costs of Remediation Work shall not include the costs of: (i) <br />post - development ongoing maintenance and replacement of venting <br />systems, covers over soil, vapor barriers and vapor control systems if <br />required after the first year of Owner's first year of operations; (ii) <br />preparation and implementation of health and safety plans in connection <br />with post- development disturbance or removal of soils after the <br />completion of the development activities described herein; and (iii) any <br />party's attorneys' fees. <br />(b) The Redeveloper shall obtain for the benefit of the Owner a No Further Action <br />Letter from the MPCA for the Redevelopment Property in form and substance reasonably <br />acceptable to the Owner, promptly upon completion of the Remediation Work. The City agrees <br />to reasonably cooperate with the Owner and the Redeveloper, should either party seek closure, no <br />action or no association letters or other levels of relief or approval from MPCA or other agencies, <br />at no cost to the City. <br />(c) The Redeveloper shall _ indemnify_ and holdthe Owner and the Redevelopment <br />Property harmless from all costs and liabilities, to person or property, including but not limited to <br />reasonable attorney's fees, relating to the entry upon the Redevelopment Property to complete the <br />Remediation Work. The Redeveloper agrees to__cause to__be released any_ lien on--the <br />Redevelopment Property arising as a result of such work and to repair and restore any damage to <br />the Redevelopment Property. <br />Section 5.2. Construction of Public Improvements. The City, prior to the Closing <br />Date, will provide final engineering for the Public Improvements described on Exhibit F, <br />including alignment and profile for utility, storm water pond and public streets. The Redeveloper <br />shall construct the Public Improvements in accordance with City specifications. The <br />Redeveloper shall be reimbursed for its share of all costs associated with the construction of the <br />Public Improvements pursuant to Section 5.3. The parties shall negotiate in good faith on an <br />estimated budget for the Public Improvements prior to construction. The City and the <br />Redeveloper acknowledge that the Owner shall have no liability or obligation to pay for any of <br />the costs of the Public Improvements. The City will not assess the Owner, the Redevelopment <br />Property or the Option Property for any costs related to the construction or installation of the <br />Public Improvements, including, without limitation, any costs relating to any traffic signal on Old <br />Highway 8 near the Redevelopment Property or the Option Property. The Redeveloper shall <br />indemnify and hold the Owner and the Redevelopment Property harmless from all costs and <br />liabilities, to person or property, including but not limited to reasonable attorney's fees, relating <br />to the entry upon the Redevelopment Property to complete the Public Improvement Work. The <br />28 <br />Deleted: and the City, <br />Jointly and severally, <br />Deleted: and the City <br />r <br />lDeleted: and the City, <br />jointly and severally, <br />
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