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j .1 <br />9. Binding Rflcct: The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be <br />binding deemed covenants running witli the land. References herein to Developer, if there be <br />more than one, shall mean each and all of them. This agreement to be executed by the <br />Developer, shall be placed of record so as to give notice hereof to subsequent purchasers and <br />encumbrancers of ail or any part of the subdivision and all recording fees, if any, shall be <br />paid by the Developer. <br />10. Notices: Whenever in this agreement it shall be required or permitted that notice or demand <br />be given or served by cither party to this agreement to or on the other parly, such notice or <br />demand shall be delivered personally or mailed by United States certified mail (return receipt <br />requested) to the addresses set forth below. Such notice or demand shall be deemed timely <br />given when delivered personally or when deposited in the mail in accordance with the above. <br />Notice to City Notice to Developer <br />City of Orono <br />Clerk/Administrator <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Creekside in Orono, LLC <br />Attn: Henry Lazniant <br />1 117 Marquette Avenue <br />Suite 2509 <br />Minneapolis, MN 55403 <br />II. In corporation bv Reference : All plans, special provisions, proposals, specifications and <br />contracts for the Improvements furnished and let pursuant to this agreement shall be and <br />hereby are made a part of this agreement by reference as fully us if set out herein in full. <br />IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly <br />executed on the day and year first above written. <br />CITY OF ORONO: <br />By:By: <br />(Mayor)(City Clerk) <br />Page 4 of 5 <br />Initials of Developer <br />Initials of City Clerk