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Invoices not paid within sixty(60) days shall be subject to an eight percent(8%)per annum interest <br /> charge. <br /> M. Developer shall be responsible for all snow removal from sidewalks on vacant <br /> lots to the extent that City Ordinance requires snow removal from sidewalks on constructed homes. <br /> Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding <br /> nuisances. <br /> N. Retaining walls that require a building permit shall be constructed in accordance <br /> with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of <br /> Minnesota. Following construction,a certification signed by the design engineer shall be filed with the City <br /> Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and <br /> specifications.All retaining walls the development plans,or special conditions referred to in this Agreement <br /> required to be constructed shall be constructed before any Certificate of Occupancy is issued for a lot on <br /> which a retaining wall is required to be built. <br /> 34. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement <br /> without the written permission of the City Council. This Development Contract shall be binding upon and <br /> inure to the benefit of the parties and their respected successors and assigns, including without limitation, <br /> any and all future and present owners,tenants, occupants, licensee,mortgagee and any other parties with <br /> any interest in the Property. Should the Developer convey any lot or lots in the Plat to a third party,the <br /> city and the owner of that lot or those lots may amend the Development or this Development Contract, <br /> with City approval, or use of those lots without the approval or consent of the other lot owners within the <br /> Plat. Private agreements between the owners of lots within the Plat for shared service or access and <br /> related matters necessary for the efficient use of the Property shall be the responsibility of the lot owners <br /> and shall not bind or restrict City authority to approve applications from any lot owner. <br /> 35. COUNTERPARTS. This Development Contract may be executed in any number of <br /> counterparts, each of which shall be an original,but all of which together shall constitute one instrument. <br /> 16 <br /> 211449v2 <br />