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The Preserve <br />Development Contract <br />by the parties and approved by written resolution of the City Council. City's failure to promptly <br />take legal action to enforce this Agreement shall not be a waiver or release. <br />32. This agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. <br />33. With exception of a model home to be constructed on Lot 1, Block 1, no building <br />permits nor a certificate of occupancy for the model home shall be issued for this development <br />until the completion of all of the required improvements, except for the final lift of asphalt on the <br />roadway. Developer shall also ensure all ponding areas, drainage swales, buffers, and overflow <br />pathways shall be final graded and be established with appropriate vegetation before any <br />building permits will be issued. Furthermore, any disturbance in these critical areas will require <br />the Developer to verify elevations in the disturbed areas have been restored to the approved <br />grading and drainage plan. <br />Notices <br />34. Required notices to Developer shall be in writing and shall be either hand <br />delivered or mailed by certified mail, in care of Kevin VonRiedel, to the following address: <br />Dayspring Development, LLC <br />275 S. 3`' Street, Suite 302 <br />Stillwater Canada, MN 55082 <br />35. Required notices to the City shall be in writing and shall be either hand delivered <br />or mailed by certified mail, in care of the City Administrator, to the following address: <br />City of Little Canada <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br />IN WITNESS WHEREOF', the parties have set their hands to this Contract on the date stated <br />above. <br />- 10_ <br />