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Linda McGinty, VP Real Estate The Luther Company LLLC 3701 AIabama Avenue St. Louis Park, MN 55416 or to such other address as the parry addressed shall have previously designated by notice given in accordance with this Section, Notices shall be deemed. to Have been duly given on the date of service if served personally on.the party to wham notice is to be given, or on the third day after mailing if mailed as provided above; provided that a notice not given as above shall, if it is in writing, be deemed given if and when actuaIly.received by a party. ARTICLE 2 CUP APPROVAL 2:I. CUP APPROVAL. Subject to the terms and conditions of this DEVELOPMENT CONTRACT, the recitals above, and all other applicable. City Cade provisions,, including Chapter V of the City Code., the CITY hereby approves the recording of the CUP. The DEVELOPMENT PLANS are hereby approved by the CITY. ARTICLE 3 CITY IMPROVEMENTS 3.1 CITY. IMPROVEME NTS, The CITY is not obligated to construct any CITY IMPROVEMENTS. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1 DEVELOPER IMPROVEMENTS; The DEVELOPER shall install, at its own cost; the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be. completed by the dates shown on Exhibit D3, except as completion dates are extended by.subsequent written action of the CITY ENGINEER. Failure of the CITY .to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration: of time by which the DEVELOPER IMPROVEMENTS are to be completed shall .not waive or release. any .rights. of the CITY; the CITY may take action at any time thereafter; and the terms .of this contract shall be deemed to be automatically extended until such time. as the DEVELOPER IMPROVEMENTS are completed to the CITY's satisfaction. 4.2 STREETS. The DEVELOPER shall grade the. public streets and other lands as established in the DEVELOPMENT PLANS. If the DEVELOPER does not perform this work according to the DEVELOPMENT PLANS, or within the time frame required, the CITY may complete all Work required of the DEVELOPER under a CITY contract. The DEVELOPER shall be financially responsible for payment for this .CITY work within thirty days of written billing by the CITY.