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, • 2. Issuance of Buildin Permit for Pro e Im roveme ts: The City agrees to issue a building permit for the Property Improvements at this time, subject t conformance with all current City standards and ordinances for all applicable work. 3. Septic System U� ra�de�. In accordance with the o dinances and requirements of the City, the Property Owner hereby agrees to complete the requi ed replacement of the septic system no later than August 31, 2008 (the "Completion Date"). 4. Septic Svstem U�grade Installation: The design locat on,construction, installation and materials for septic system upgrade shall be in accordance with e plans and specifications approved by the City. 5. Performance Deposit: For the purposes of assuring o the City that the Septic Improvements will be completed according to the terms of this agree ent, the Property Owner has deposited with the City at the time of the execution of this agree ent a certified check satisfactory to the City providing that the City is able to cash the check i its sole discretion to complete the Septic Improvements if the Property Owner fails to sat sfactorily complete the work prior to the Completion Date. City shall return the check to Pr perty Owner upon final inspection approval of the Septic Improvements. 6. Binding Effect: The terms and provisions hereof sh 11 be binding upon and inure to the benefit of the heirs,representatives, successors and assigns of t e parties hereto and shall be binding deemed covenants running with the land. References herein o Property Owner, if there be more than one, shall mean each and all of them. This agreement s all be executed by the Property Owner and City and shall be placed of record so as to give otice hereof to subsequent purchasers and encumbrancers of all or any part of the property, a d all recording fees, if any, shall be paid by the Property Owner. 7. Notices: Whenever in this agreement, it shall be re uired or permitted that notice or demand be given or served by either party to this agreement to r on the other party, such notice or demand shall be delivered personally or mailed by United S ates certified mail (return receipt requested) to the addresses set forth below. Such notice or emand shall be deemed timely given when delivered personally or when deposited in the m il in accordance with the above. Page 2 of