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<br />Developer Agreement <br />Trott Brook Farms 12th <br />Page 11 <br /> <br />(04) Notices - All notices and demands specified herein shall be deemed appropriately <br />and timely given when delivered personally or deposited in the United States mail to the <br />addresses hereinafter set forth by certified mail (return receipt requested). The addresses of <br />the parties hereto are as follows until changed by written notice given as above: <br /> <br />If to the City at: <br /> <br />City of Elk River <br />Attn: City Administrator <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br /> <br />If to the Developer at: <br /> <br />D.R. Horton <br />Attn: Dave Klee <br />20860 Kenbridge Ct. <br />Suite 100 <br />Lakeville MN 55044 <br /> <br />(05) Final Plat Approval - The City's final approval of the Subdivision plat is hereby <br />made conditional upon the execution and delivery of this Agreement and the City's receipt <br />of all petitions, security and other items specified herein. <br /> <br />(06) Filing of Final Plat and Developer Agreement - Before construction commences on <br />the Improvements, the Final Plat of the Subdivision and this Developer Agreement must be <br />@ed and recorded and all necessary easements shall have been conveyed to the City, unless <br />the City authorizes in writing the commenCement of limited construction activities. <br /> <br />(07) Incorporation by Reference - All plans, special provisions, proposals, specifications <br />and contracts for the Improvements to be made pursuant to this Agreement shall be and <br />hereby are made a part of this Agreement by reference as fully as if set forth herein in full. <br /> <br />(08) No Replacement - This Agreement is in addition to and is not in replacement of the <br />terms and conditions of the Petition for Public Improvements and Waiver of Right to <br />Public Hearing and Right to Object relating to the Subdivision executed by Developer. <br /> <br />S:\PLANNING\Case Files\2006\Plat\P 06-11 Trott Brook Farms 12fh\Trott Brook 12 Development Agreemenf.DOC <br />