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4 <br />mm <br />17. <br />18. <br />19. <br />20. <br />21. <br />(c) The Property is zoned for purposes which include the Development as <br />proposed. The City has issued all necessary commercial site plan review <br />approvals for the proposed development on the property. <br />Compliance. At any time and fiom time to time the Developer may request that <br />the City provide the Developer a certificate certifying that that the terms and <br />provisions of this Agreement have been compli^ with and that this PUD <br />Agreement is in full force and effect with respect to the development for the <br />purpose of facilitating sale, mortgage, insurance or other matters. To the extent <br />that there be any bona fide defaults in such compliance, the Developer shall be <br />afforded a reasonable time to bring the development into conformance, and <br />thereafter the City shall be obligated to provide such certificate. <br />Binding Effect: The terms and provisions hereof shall be binding upon and inure <br />to the benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding deemed covenants running with the land. References <br />herein to Developer, if there be more than one, shall mean each and all of them. <br />This agreement at tte option of the City shall be placed of record so as to give <br />notice hereof to any subsequent purchasm and encumbrances of all or any part of <br />the property. <br />Notices: Whenever in this agreement it shall be required or permitted that notice <br />or demand is given or served by either party to this agreement to or on the other <br />party, such notice or demand shall be delivered personally or mailed by United <br />States certified mail (return receipt requested) to the addresses set forth below. <br />Such notice or demand shall be deemed timely given when delivered personally <br />or ^en deposited in the mail in accordance with the above. <br />Notice to City Notice to Developer <br />City of Qrono <br />Cleric/Administrator <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Parties may substitute notice provisions upon notice to other parties. <br />Incorporation bv Reference: All plans, special provisions, proposals, <br />specifications and contracts for the Improvements furnished and let pursuant <br />to this agreement shall be and hereby are made a part of this a^oement by <br />reference as fully as if set out herein in full. <br />Disclaimer bv Citv: It is understood and agreed that the City, the City Council, <br />and the agents and employees of the City shall not be personally liable or <br />responsible in any manner to the Developer or Developer's contractors, <br />subcontractors, nutferial men, laborers, or any other person, firm or corporation, <br />for any debt, claim, demand, damages, actions, or causes of action of any kind or <br />Page 7 of 10 <br />r