CCP 06-30-2003 - Laserfiche WebLink

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