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written. <br />I. infrastructure (including but not limited to utilities, water, sanitary and storm sewer) necessary to <br />support the Project. <br />Affiliated Parties. The City acknowledges that the Developer may assign any or all of its <br />duties hereunder to Dominium Development & Acquisition, Ryland Homes or another <br />entity, which is controlled by William H. Beard and Paul Gamst. The City also <br />acknowledges that William H. Beard and Paul Gamst are both owners of the Developer and <br />are licensed real estate brokers in the State of Minnesota. The Beard Group, Inc. is a <br />licensed real estate brokerage firm. Said entity or individuals may be entitled to real estate <br />commissions and/or development fees arising out of the foregoing transactions. <br />11. Termination. This agreement may be terminated by the City upon the giving of written notice to the <br />Developer that the Developer is not diligently pursing the Development of the portions of the property <br />terminated. Developer shall have a reasonable time, but in no event less than 30 days to affect a <br />cure of such default, or to demonstrate that it is diligently pursuing such cure. <br />12. Legislative Judgment. Developer understands that many of the actions which the City may be <br />called upon to take require its reasonable discretion, and in some instances, its legislative judgment. <br />Such actions may only be made following established procedures, and the City cannot agree, in <br />advance, to any specific decision in such matters. <br />13. Notices. All communications shall be directed to the Developer at the address listed above with <br />copies to: <br />Attorney for the Developer: <br />The Beard Group, Inc. <br />10 -11th Avenue South <br />Hopkins, MN 55343 <br />Attn: Bill Beard <br />Telephone (952) 930.0630 <br />Facsimile (952) 930.0631 <br />Frank B. Bennett, Esquire <br />Lindquist & Vennum, P.L.L.P. <br />4200 IDS Center <br />80 South Eighth Street <br />Minneapolis, MN 55402 <br />Telephone: (612) 371-3931 <br />Facsimile: (612) 371-3207 <br />Ali communications shall be directed to the City at the address listed above with -a copy to: <br />Attorney for theCity: William Hawkins <br />William Hawkins & Associates <br />2140 4th Ave. No. <br />Anoka, MN 55303 <br />Telephone: (763)427-8877 <br />IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the date and year first above <br />4 <br />