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<br /> 17 <br />212751v1 <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 <br />City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans <br />and specifications. All retaining walls the development plans, or special conditions referred to in this <br />Agreement required to be constructed shall be constructed before any Certificate of Occupancy is issued <br />for a lot on 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 /> 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either <br />hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at <br />the following address: 8801 River Crossing Boulevard, Suite 300, Indianapolis, IN 46240, with a copy to <br />Scannell Properties, 294 Grove Lane, Suite 140, Wayzata, MN 55391. 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 <br />mail in care of the City Administrator at the following address: City of Arden Hills, 1245 West Highway <br />96, Arden Hills, Minnesota 55112.