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The addresses of the parties hereto are as follows, until <br />changed by notice given as above: <br />If to the City at: <br />If to the Developer at: <br />8. Release of Security. <br />Mr. Robert L. Overby <br />City Administrator <br />City Office <br />3800 Laverne Avenue North <br />Lake Elmo, Minnesota 55042 <br />Mr. E. Don Bishop <br />c/o Clapp Thomssen Company <br />4 East 4th Street <br />Saint Paul, Minnesota 55101 <br />Upon partial performance by the Developers of the terms of <br />this Agreement, the City will release to the Developers a <br />portion of the Performance Assurance in accordance with this <br />Agreement. The amount to be released shall be determined by <br />the City Engineer with approval by the City Council after <br />receipt of bills for work completed and inspected. The City <br />shall retain an amount necessary to complete any remaining <br />improvements plus twenty-five percent (25%). <br />9. Final Plat Approved. <br />The City agrees to give final approval to the plat of the <br />Subdivision upon execution and delivery of this Agreement and <br />all required petitions, bond, security and fees. <br />10. Incorporation by Reference. <br />All plans, special provisions proposals, specifications and <br />contracts for the improvments furnished and let pursuant to <br />this Agreement shall be and hereby are made a part of this <br />Agreement by reference as fully as if fully set out herein. <br />IN WITNESS WHEREOF, the City and Developer has caused this <br />Agreement to be duly executed on the day and year first above <br />written. <br />In presence of: CITY OF LAKE ELMO <br />1 4'j <br />fitness Arlyn Christ, Mayor <br />� Witnesss <br />Approved as to form: <br />CTIr _e f <br />Robe t L. verby, <br />Ci Adminis rat <br />JF deric W. K k, Offly Attorney <br />-4- <br />