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<br />18 <br />188032v2 <br />constructed shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining <br />wall is required to be built. <br /> 20. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement <br />without the written consent of the City Council, which consent the City Council shall not unreasonably <br />withhold; provided, however, that the Developer may, upon notice to the City but without the consent of <br />the City Council, assign this Agreement to any party controlling, controlled by or under common control <br />with Developer. This Agreement shall be binding upon and inure to the benefit of the parties and their <br />respected successors and assigns, including without limitation, any and all future and present owners, <br />tenants, occupants, licensee, mortgagee and any other parties with any interest in the Property. <br />21. COUNTERPARTS. This Agreement may be executed in any number of counterparts, <br />each of which shall be an original, but all of which together shall constitute one instrument. <br /> 22. NOTICES. Required notices to Developer shall be in writing, and shall be either hand <br />delivered to Developer, its employees or agents, or mailed to Developer by certified mail at the following <br />address: 4001 North Lexington Avenue, Arden Hills, Minnesota 55126. Notices to the City shall be in <br />writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail <br />in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway 96, <br />Arden Hills, Minnesota 55112. <br /> <br /> <br /> <br /> <br /> <br />[Signatures on the following pages.] <br /> <br />