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XXXX Edgerton Street Development Contract II. Demolition of Structures B and C by no later than June 1, 2004. Developer acknowledges that demolition shall be done in compliance with City and State requirements including, but not limited to, the completion of an asbestos survey, issuance of a demolition permit by City, and disposal of demolition materials in a manner compliant with regulations of the Minnesota Pollution Control Agency. III. Application for a Conditional Use Permit to the City to allow the construction of a detached garage structure by no later than October 27, 2003. Developer acknowledges that the approval of said application is not guaranteed by City. Should application be denied, Developer will convert the existing tuck -under garage to living space and build detached garage in compliance with all City zoning requirements and subject to the issuance of a building permit. IV. Within 30 days of completion of Item II, Developer shall combine the two parcels currently identified with PIN's 08- 29 -22 -12 -0007 and 08- 29 -22 -12 -0006 into one, legally conforming parcel. Said combination shall be processed through the City and the Ramsey County Department of Property Records and Revenue. Miscellaneous 12. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 13. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. 14. If Developer fails to complete Item II in Paragraph 11, City may contract for the demolition of the structures and assess the cost of the work including, but not limited to, any contractor, legal, consultant, or administrative fees associated with completion of the work. _4_