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If to the City, at: City of Elk River <br /> • 505 U.P.A. Drive <br /> Elk River, Minnesota 55330 <br /> If to the Developer, at: Gar-San Enterprises, Inc. <br /> 544 Third Street, P.O. Box 236 <br /> Elk River, Minnesota 55330 <br /> 21.) Remedies - Should Developer breach any of the terms and conditions of <br /> this Agreement; the City shall any or all of have the following remedies: <br /> (01) Withhold development permits for the undeveloped phases. <br /> (02) Terminate this Agreement by written notice to Developer and revert the <br /> zoning of the Property to the original land use designation as shown on <br /> Exhibit "C". <br /> (03) Institute prosecution of Developer under the relevant provisions of <br /> the City's Zoning Ordinance. <br /> 22.) Binding Agreement - This Agreement shall be binding upon the Devel- <br /> oper, its successors and assigns and upon the City until terminated. The rights <br /> and remedies granted to the City herein shall be enforceable only by the City <br /> and not by other persons or parties. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of <br /> . the day and year first above written. <br /> CITY OF ELK RIVER <br /> By: er4w/i-i%/ice <br /> Frank Madsen lY <br /> Its: Mayor <br /> All <br /> Robert Middaugh <br /> Its: Administrator <br /> GAR-SAN ENTERPRISES, INC. <br /> By: <br /> Its: '' <br /> 22 <br /> By: <br /> Its: <br /> • <br /> 5. <br />