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w <br />I <br />I <br />ii <br />Property is then being used or Developed. Such <br />construction or installation of Improvements,"if so <br />e <br />required, shall be in accordance with the terms and <br />conditions set forth in this Agreement and then <br />applicable City, State and Federal ordinances, statutes, <br />laws, rules and regulations. Upon completion of the <br />construction or installation of Improvements, if so <br />required in accordance with the immediately preceding <br />sentence, the City shall upon the petition of the <br />Developer enter into and record any necessary resolution, <br />instrument or other reasonable documentation terminating <br />this Agreement, but such termination shall not affect the <br />Easement. In the event the Developer refuses to <br />construct or install the Improvements, the City may do so <br />after written notice to the Developer. The Developer <br />(and/or the Thies and Phillips and their heirs, <br />representatives and assigns, if at the time of the <br />occurrence they have legal or equitable interest in all <br />or portions of the Property) by this Agreement, agrees to <br />pay all reasonable costs of the Improvements either <br />directly, or to allow such reasonable costs to be <br />assessed without objection against all portions of the <br />Property in which the Developer, the Thies or the <br />Phillips have a legal or equitable interest. <br />Page 6 of 16