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• <br />• <br />1. The terms and provisions hereof shall be binding upon and insure to <br />the benefit of the heirs, representatives, successors and assigns of the <br />parties hereto and shall be binding upon all future owners of all or <br />any part of the Subdivision and shall be deemed covenants running <br />with the land. <br />B. Notices <br />1. 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 <br />to or on the other party, such notice or demand shall be delivered <br />personally or mailed by United States mail to the addresses <br />hereinbefore set forth on Page 1 by certified mail (return receipt <br />requested). Such notice or demand shall be deemed timely given <br />when delivered personally or when deposited in the mail in <br />accordance with the above. The addresses of the parties hereto are as <br />set forth on Page 1 until changed by notice given as 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. Conditions <br />Staff will insert conditions of approval from the City Council upon <br />approval of the Interim Use Permit and Zoning Ordinance Amendment <br />XI. VIOLATIONS/BUILDING PERMITS <br />A. In the event that Developer violates any of the covenants and agreements <br />contained in this Development Contract and to be performed by the <br />Developer, the City, at its option, in addition to the rights and remedies as set <br />out hereunder may refuse to issue building permits and/or Certificate of <br />Occupancies to any property within the project until such time as such <br />default has been corrected to the satisfaction of the City. <br />XII. COMPLETION DATE. <br />All activity associated with this project, including restoration of the site to its <br />original state, shall be completed by either October 15, 2011 or 30 days after the <br />completion of the project for which the plant is intended to serve, whichever comes <br />sooner. If such activity is not completed, the City may exercise any remedies as set <br />forth in Section VII., unless an extension is granted by the City. <br />XIII. REMEDIES FOR BREACH <br />Page 9 of 12 <br />