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required to construct and operate the Improvements; provided, however, that nothing <br />contained in this subparagraph shall be construed to limit in any way the reasonable <br />and legitimate exercise of the City’s discretion in considering any submittal or <br />application. <br />(c) The Property is zoned for purposes which include the Development as proposed. The <br />City has issued all necessary commercial site plan review approvals for the proposed <br />development on the property. <br />G. Administration. <br />2. <br />.C.9mpii?nge . At any time and from time to time the Developer may request that the City <br />provide the Developer a certificate certifying that that the terms and provisions of this <br />Agreement have been complied with and that this PUD Agreement is in full force and effect <br />with respect to the development for the purpose of facilitating sale, mortgage, insurance or <br />other matters. To the extent that there be any bona fide defaults in such compliance, the <br />Developer shall be afforded a reasonable time to bring the development into conformance, <br />and thereafter the City shall be obligated to provide such certificate. <br />E<ri4in« Efftct: 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 with the land. References herein to Developer, if there <br />be more than one, shall mean each and all of them. This agreement at the option of the City <br />shall be placed of record so as to give notice hereof to any subsequent purchasers and <br />encumbrancers of all or any part of the property. <br />puces: Whenever in this agreement it shall be required or permitted that notice or demand <br />be given or served by either 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 mai I in accordance with the above <br />Notice to City Notice to Devcloppr <br />City of Orono <br />Clerk/Administrator <br />P.O. Box 66 <br />Crystal Bay, MN 55323 <br />Parties may substitute notice provisions upon notice to other parties. <br />Developer Initial <br />City Cleric Initial <br />Page 14 of 18 <br />1