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ITW OWNER: C. David Luther <br />or DEVELOPPER The Luther Company LLLP <br />3701 Alabama Avenue <br />St, Louis Park, MN 5541:6. <br />W-jth a copy to; Linda McGinty, VP Real Estate <br />The. Luther Company LLLP <br />3701 Alabama Avenue <br />St. Louis Park, MN. 55416 <br />or to such other address as the party addressed shall have previously designated by notice given -hi <br />accordance with this Section. Notices shall be deemed tb have been duly giyen on the date -of <br />service if served .personally on the party to wham notice is to be -*given, or on the third day after <br />mailing if mailed as provided above, provided that.a notice nbt'given is above shall, if it is in <br />writing, be deemed given if and when actually received by- a*party. <br />ARTICLE 2 <br />CUP APPROVAL <br />2.1. CUP APPROVAL. Subject to the terms and. donditiosis- oflhis DEVELOPMENT <br />CONTRACT; the recitals abbye, and all other applicable City. Code provisions, including Chapter <br />V of the City Code, the CITY hereby approves the recording:of the CUP. The DEVELOPMENT <br />PLANS are. hereby approved -by the CITY, <br />ART3ICLE-3 <br />CITY DWROVERENTS <br />3.1 CITY IMPROVEMENTS. The CITY is not obligated to construct any CITY <br />IMPROVEMENTS. <br />ARTICLE 4 <br />DEVELOPER IMPROVEMENTS <br />4.1 DEVELOPER IMPROVEMENTS. The. DEVELOPER shall install,_ at its. own <br />cost; the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS, <br />The-0EVELOPER IMPROVEMENTS shall be completed by the dates shown on Exhibit D3, <br />except46 completion dates are extended by subsequent written action ohhe CITY ENGINEER.* <br />F iluce of the CITY to promptly take action to enforce this. DEVELOPMENT CONTRACT after <br />expiration.oftime by which the DEVELOPER IMY[PROVEIkIENTS are to be completed steals not <br />waive-or-release.any rights of the. CITY; the CITY --may take action -at any time thereafter, and the. <br />terms of this contract shall be deemed to be automatically extended until such time as the <br />DEVELOPER IMPROVEMENTS�are completed to the CITY's satisfaction. <br />4.2. STREETS. The. DEVELOPER shall :grade the.public streets -and other lands;go <br />tstabl'ishad in.the DEVELOPMENT PLANS. If the DEVELOPER does not perforir this work <br />7 <br />