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w <br /> 2. Issuance of Building Permit for Property Improvements: The City agrees to issue a building <br /> permit for the Property Improvements at this time, subject to conformance with all current City <br /> standards and ordinances for all applicable work. <br /> 3. Septic System Upgrade: In accordance with the ordinances and requirements of the City, the <br /> Property Owner hereby agrees to complete the required replacement of the septic system no later <br /> than September 30, 2007 (the "Completion Date"). <br /> 4. Septic System Upgrade Installation: The design location,construction,installation and materials <br /> for septic system upgrade shall be in accordance with the plans and specifications approved by <br /> the City. <br /> 5. Performance Deposit: For the purposes of assuring to the City that the Septic Improvements will <br /> be completed according to the terms of this agreement, the Property Owner has deposited with <br /> the City at the time of the execution of this agreement a certified check satisfactory to the City <br /> providing that the City is able to cash the check in its sole discretion to complete the Septic <br /> Improvements if the Property Owner fails to satisfactorily complete the work prior to the <br /> Completion Date. City shall return the check to Property Owner upon final inspection approval <br /> of the Septic Improvements. <br /> 6. Bindin Effect:ffect: The terms and provisions here of shall be binding upon and inure to the benefit <br /> of the heirs, representatives, successors and assigns of the parties hereto and shall be binding <br /> deemed covenants running with the land. References herein to Property Owner,if there be more <br /> than one, shall mean each and all of them. This agreement shall be executed by the Property <br /> Owner and City and shall be placed of record so as to give notice hereof to subsequent purchasers <br /> and encumbrancers of all or any part of the property,and all recording fees, if any, shall be paid <br /> by the Property Owner. <br /> 7. Notices: Whenever in this agreement,it shall be required or permitted that notice or demand be <br /> given or served by either parry to this agreement to or on the other party, such notice or demand <br /> shall be delivered personally or mailed by United States certified mail(return receipt requested) <br /> to the addresses set forth below. Such notice or demand shall be deemed timely given when <br /> delivered personally or when deposited in the mail in accordance with the above. <br /> Initials of Property Owner4+ <br /> Page 2 of 4 <br />