July 5, 2006 CCP - Laserfiche WebLink

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City Engineer, and the Developer has provided the City a certified "as built' of the mass grading of the site which complies with the approved grading plan. If buildings are occupied priorto completion of street improvements and acceptance by the City, Developer shall provide all maintenance necessary for such streets including snowplowing, until final acceptance by the City. 4.11 Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties herto and shall be binding upon all future owners of all or any part of the Property. This Agreement, at the option of the City, shall be placed of record so as to give notice thereto to any subsequent purchasers and encumbrancers of all or any part of the Property and all recording fees, if any, shall be paid by the Developer. 4.12 Notices. Whenever in this Agreement notice is required to be given by one party to the other, such notice shall be delivered personally or shall be sent by certified mail, return receipt requested to the following addressees. Such notice shall be deemed timely given when delivered personally or when deposited in the mail in accordance with this section. If to the City: Mr. Martin Raffery City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 If to the Developer: Dale J. Glowa Senior Vice President Development George I. Burkards Assistant Vice President Marketing — Planning — Development United Properties 3500 American Blvd. W., Suite 200 Minneapolis, MN 55431 4.13 Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set