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<br />216111v1 <br />required to be constructed shall be constructed before any Certificate of Occupancy is issued for the Subject <br />Property 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 Agreement shall be binding upon and inure to <br />the benefit of the parties and their respected successors and assigns, including without limitation, any and <br />all future and present owners, tenants, occupants, licensee, mortgagee and any other parties with any <br />interest in the Subject Property. <br />35. 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 /> 36. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand <br />delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the <br />following address: <br />Chick-fil-A <br />Attn: Real Estate Department <br />5200 Buffington Road <br />Atlanta, GA 30349-2998 <br /> <br /> Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, <br />or mailed to the City by certified mail in care of the City Administrator at the following address: <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br /> <br />[Signatures on the following pages.] <br /> <br />