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<br />. <br /> <br />3. <br /> <br />Fernwood Access: Guidant shall maintain Fernwood Street in its <br />present condition until Phase I traffic improvernents have been <br />completed. <br /> <br />4. Xcel Access: Guidant shall convey an access easement to Xcel <br />Energy across a portion of vacated Fernwood Street which shall be <br />attached as Exhibit G. <br /> <br />G. Amendment. The PUD Master Plan may be amended pursuant to the <br />process defined in the City's development regulations and shall require <br />City's Council approval. The Development Agreement may be amended <br />by written consent of the parties. <br /> <br />H. Bindinq Effect. The terms and provisions of this agreement shall be <br />binding upon and inure to the benefit of the heirs, representatives, <br />successors and assigns of the parties hereto and shall be binding upon all <br />future owners of all or any part of the Guidant Property. This Agreement, <br />at the option of the City, shall be placed of record so as to give notice <br />thereto to any subsequent purchasers and encumbrancers of all or any <br />part of the Guidant Property and all recording fees, if any, shall be paid by <br />the Guidant. <br /> <br />. <br /> <br />I. <br /> <br />Incorporation bv Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let <br />pursuant to this Agreement shall be and hereby are made a part of this <br />Agreement by reference as if fully set out herein. <br /> <br />J. Notice. Any notices required pursuant to this Agreement shall be deemed <br />properly served if sent by certified mail - return receipt requested to the <br />following: <br /> <br />1 . If to the City: <br /> <br />City of Arden Hills <br />Attn: City Administrator <br />1245 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />2. <br /> <br />If to Guidant: <br /> <br />. <br /> <br />The Guidant Corporation <br />Attn: Vice President of Finance <br />4100 Hamline Avenue <br />Arden Hills, Minnesota 55112 <br /> <br />6 <br />