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<br />E. This Agreement shall run with the land and will be recorded against the title to the Site. <br />The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee <br />title of the Site. <br />F. Each right, power or remedy herein conferred upon the City is cumulative and in addition <br />to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at <br />law or in equity, or under any other agreement, and each and every right, power and remedy herein set <br />forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br />deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br />other right, power or remedy. <br />G. Prior to issuance of the initial Certificate of Occupancy, the Developer may not assign this <br />Agreement without the written permission of the City Council. The Developer's obligation hereunder shall <br />continue in full force and effect against successors or assigns of Developer if the Developer sells the entire <br />development, or any part of it. If a successor or assign of Developer assumes all obligations of Developer <br />remaining pursuant to this Agreement in a writing delivered to the City, the City will release Developer <br />from this Contract or any part of it. <br />H. The Developer and any successors must give the City thirty (30) days advance notice <br />before the commencement of a new or different user or use of the property. <br />22. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered <br />to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following <br />addresses: TAT Properties, LLC, c/o The Davidson Companies, Inc., Attn: Rob Davidson, 3900 <br />Northwoods Drive Suite 125, St. Paul, Minnesota 55112; and 1201 County Road E, LLC, c/o StuartCo, Attn: <br />Stuart Nolan, 1000 West 80th Street, Bloomington, Minnesota 55420. Notices to the City shall be in writing <br />and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care <br />13 <br />180498v2