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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 exorcise of the City’s discretion in considering any submittal or <br />application. <br />(c) The Development Properly is zoned for purposes which include the De\ elopment as <br />proposed. The city has issued all necessary commercial site plan review approvals, <br />and plat approval of Orono Woods Addition. <br />17. Compliance. 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 w ith 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 thereafier the City shall be obligated to provide such certificate. <br />18. Bindinu Fffect: The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the heirs, representatives, successors and assigns of tlie parties hereto and shall be <br />binding deemed covenants running with the land. References herein to Developer, if there <br />bo 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 os to give notice hereof to any subsequent purchasers and <br />encumbrancers of all or any part of the property. <br />19. Notices: 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 party, 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 <br />City ofOitno <br />Clerk/Administrator <br />P.O. Box 66 <br />Cry stal Day, MN 55323 <br />Notice to Developer <br />Frank Dunbar. Chief Manager <br />Orono Ambar. LLC <br />c/o Dunbar Development Corporation <br />5000 Glcnwood Avenue <br />Golden Valley, MN 55422 <br />Parties may substitute notice pro\isions upon notice to other parties. <br />Page 9 of 14