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<br />. <br /> <br />and encumbrancers of all or any part of the Property and all recording fees, if <br />any, shall be paid by the Developer. <br /> <br />4.08 <br /> <br />Notices. Whenever in this Agreement notice is required to be given by one <br />party to the other, such notice shall be delivered personally or shall be sent <br />by certified mail, return receipt requested to the following addressees. Such <br />notice shall be deemed timely given when delivered personally or when <br />deposited in the mail in accordance with this section. <br /> <br />If to the Citv: <br /> <br />Aaron Parrish, COmmunity Services Director <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />Iflo the Develooer: <br /> <br />. <br /> <br />Kim L. Tramm <br />Tramm Builders and Realtors, LLC <br />3585 Lexington Avenue North <br />Arden Plaza BuSiness Center, Suite 173 <br />Arden Hills, Minnesota 55116-8016 <br /> <br />4.09 Incoroorationbv Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvernents furnished and let pursuant <br />to this Agreement shall be and hereby are made a part of this Agreement by <br />reference as if fully set out herein. <br /> <br />4.10 Default. The occurrence of any of the following shall be considered an "event <br />of default" in the terms and conditions contained in this Agreernent: <br /> <br />A. Failure of the Developer to comply with any of the terms and <br />conditions contained in this Agreement. <br /> <br />B. The failure of the Developer to comply with any applicable ordinance <br />or statute with respect to the development of the Property. <br /> <br />4.11 Remedies. Upon the occurrence of any event of default, the City, in addition <br />to any other remedy which may be available to it, shall be permitted to do any <br />of the following: <br /> <br />A. <br /> <br />City may make advances or take other steps to cure the default, and, <br />where necessary, enter the Property for that purpose. The Developer <br />shall pay all sums so advanced or expenses incurred by the City, upon <br />demand, with interest from the dates of such advances or expenses at <br />the rate of 10% per annum. No action taken by the City pursuant to <br />this section shall be deemed to relieve the Developer from curing any <br />such default to the extent that it is not cured by the City or from any <br /> <br />. <br /> <br />3 <br />