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TURNBERRY CROSSING <br />DEVELOPMENT AGREEMENT <br />3 -28 -2005 <br />such decision shall not affect or void any of the other provisions of the Development <br />Contract. <br />XII. GENERAL <br />A. Binding Effect <br />1. The terms and provisions hereof shall be binding upon and insure to the <br />benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br />B. Notices <br />1. Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the <br />other party, such notice or demand shall be delivered personally or mailed by <br />United States mail to the addresses hereinbefore set forth on Page 1 by <br />certified mail (return receipt requested). Such notice or demand shall be <br />deemed timely given when delivered personally or when deposited in the <br />mail in 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. Final Plat Approval <br />1. The City agrees to give final approval to the plat of the Subdivision in <br />accordance with section VII upon execution and delivery of this agreement <br />and all required petitions, bonds, security, and documents including the <br />following: <br />a) Review and approval of a Homeowner's Association agreement, <br />which includes provisions for the operation and maintenance of all <br />signage and buffer areas. <br />Additional right of way shall be dedicated to Anoka County to total <br />60 feet from centerline for Lake Drive (CSAH 23). <br />c) Right of access shall be dedicated to Anoka County along CSAH 23 <br />on the final plat. <br />d) The final plat must include larger individual unit lots to ensure that <br />the eaves and any building projection meets the property line <br />separation to meet fire protection requirements in the building code. <br />e) The project shall not be final platted until 2005 to comply with the <br />City's growth management policy. <br />page 12 <br />-37- <br />