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<br />. <br /> <br />. <br /> <br />. <br /> <br />2. <br /> <br />Evidence of conveyance or dedication of public easements. <br /> <br />3. <br /> <br />Evidence that the Developer has acquired the Shannon Square Site or has <br />acquired the right to use the parking areas of the Shannon Square Site in <br />connection with the uses on the Cub Foods Site. <br /> <br />G. Bindin2 Effect. The terms and provisions ofthis agreement shall be binding <br />upon and inure to the benefit of the heirs, representatives, successors and assigns ofthe parties <br />hereto and shall be binding upon all future owners of all or any part of the Property. This <br />Agreement, at the option of the City, shall be placed ofrecord so as to give notice thereto to any <br />subsequent purchasers and encumbrancers of all or any part of the Property and all recording <br />fees, if any, shall be paid by the Developer. <br /> <br />H. Notices. Whenever in this Agreement notice is required to be given by one party <br />to the other, such notice shall be delivered personally or shall be sent by certified mail, return <br />receipt requested to the following addressees. Such notice shall be deemed timely given when <br />delivered personally or when deposited in the mail in accordance with this section, <br /> <br />If to the Citv: <br /> <br />Joe Lynch, City Administrator <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, MN 55112 <br /> <br />If to the Developer: <br /> <br />KTJ Limited Partnership Seventy Nine <br />Attn: Paul J. Tucci <br />5125 County Road 101, Suite 100 <br />Minnetonka, Minnesota 55345 <br /> <br />Morrison & Fenske, P.A. <br />Attn: Mr. Jim Morrison <br />5]25 County Road 101, Suite ]04 <br />Minnetonka, MilU1esota 55345 <br /> <br />L Incorporation bv Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let pursuant to this Agreement <br />shall be and hereby are made a part of this Agreement by reference as if fully set out herein. <br /> <br />J. Default. The occurrence of any of the following shall be considered an "event of <br />default" in the terms and conditions contained in this Agreement: <br /> <br />1. <br /> <br />Failure of the Deve]oper to comply with any ofthe terms and conditions <br />contained in this Agreement. <br /> <br />4 <br />