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• <br />• <br />XII. GENERAL <br />A. Binding Effect. The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Property and shall be deemed covenants running with <br />the land. <br />B. Notices. Whenever in this Agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this Agreement to <br />or on the other party, such notice or demand shall be delivered personally <br />or mailed by United States mail to the addresses hereinbefore set forth on <br />Page 1 by certified mail (return receipt requested). Such notice or demand <br />shall be deemed timely given when delivered personally or when <br />deposited in the mail in accordance with the above. The addresses of the <br />parties hereto are as set forth on Page 1 until changed by notice given as <br />above. <br />C. Incorporation by Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let <br />pursuant to this Agreement shall be and hereby are made a part of this <br />Agreement by reference as fully as if set out herein in full. <br />D. Hours of Construction Activity. All construction activity shall be <br />limited to the hours set out as follows: <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed <br />XIII. CONDITIONS OF APPROVAL <br />The project approval should be subject to the following conditions: <br />1. Issues listed in the August 31, 2009 memo by the City Engineer must be resolved to <br />his satisfaction. <br />2. All necessary permits shall be obtained by the applicant from Anoka County for work <br />in the Lake Drive (CSAH 23) right of way. <br />3. The church shall enter into a site performance agreement for exterior work on the site <br />prior to commencing the work or obtaining a certificate of occupancy. This shall <br />include financial securities according to current City requirements. <br />October 12, 2009 <br />North Springs Church Performance Agreement Page 7 of 10 <br />