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• <br /> DRAFT <br /> 4.15.2004 <br /> 0 3.08. Representatives Not Individually Liable. No officer, agent or employee of the City shall be <br /> p g <br /> personally liable to the Developer, or any successor in interest, in the event of any default or breach <br /> by the City on any obligation or term of this Agreement. <br /> 3.09. Notices and Demands. Any notice, demand, or other communication under this Agreement <br /> by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or <br /> certified mail,postage prepaid,return receipt requested, or delivered personally: <br /> (a) as to the Developer: Pro Craft Development,LLC <br /> 102 Bridgewater Drive <br /> Vadnais Heights,MN 55127 <br /> Attn: Jim Melcher <br /> (b) as to the City: City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View,MN 55112-1499 <br /> Attn: City Administrator <br /> or at such other address with respect to either such party as that party may, from time to time, <br /> designate in writing and forward to the other as provided in this section 3.09. <br /> • 3.10. Park Dedications/Fees/Dedications. Without limitation of any other obligation of the <br /> Developer contained in this Agreement or set forth in federal, state, or local law, the Developer <br /> agrees to comply with any dedication requirements, including park dedications or payments in lieu <br /> which may be required by the City's subdivision regulations, Mounds View City Code <br /> Section 1204.02. The Developer desires to provide the City with a payment in lieu of a park <br /> dedication as calculated pursuant to the City's subdivision regulations, Mounds View City Code <br /> Section 1204.02,in the amount of$40,767.00,to be paid upon execution of this Agreement. <br /> The Developer further expressly acknowledges and agrees that the Improvements and all <br /> easements and other rights in the Property necessary and related to the City's ownership of the <br /> Improvements (all of which shall be described in the plat required by the City's subdivision <br /> regulations), shall inure to the City upon the Developer's compliance with this Agreement, <br /> acceptance by the City of the Improvements, and approval and recording of a final plat as set forth <br /> in the City's subdivision regulations. <br /> 3.11. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this <br /> Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer <br /> or by any third person to create any relationship of third-party beneficiary, principal and agent, <br /> limited or general partner,or joint venture between the City and the Developer. <br /> 3.12. Counterparts. This Agreement may be executed in any number of counterparts, each of <br /> 0 which shall constitute one and the same instrument. <br /> SJR-245249v4 <br /> MU205-29 <br /> E-8 <br />