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5) The Developer will not request a~d hereby waJve~ any right <br /> <br />building permit~ for any of the lots and block~ within 'Barthel's Rum River Acres 2nd <br />Addition" that remain ~ubJect to the mortgage of the City unless and until the <br />required improvement~ in the plat are in, tailed and accepted by the City as required <br />by the Performance Contract and as amended by the partie~ hereto. Except that upon <br />the completion and acceptance of the paving and drainage lmprovement~ on Dysprosium <br />Street N.W. as above described, building permit~ for those 17 lots described in <br />paragraph 3) above of this Agreement may be issued and the City will release said <br />lots from its mortgage encumbering these lots. <br /> <br /> 6) All other terms of the original Performance Contract between the partie~ <br />hereto dated October 12, 1979 and the Amended Performance Contracts dated October <br />1980 and October 13, 1981, respectively, except those amended by this Agreement shall <br />continue in effect. <br /> <br /> 7) This Agreement shall be binding on all the heirs, successors and assigns of <br /> <br />the parties hereto. <br /> <br />CITY OF RAMSEY <br /> <br />Mayor <br /> <br />BARTHEL HOM~ES, INC. <br />Its President <br /> <br /> <br />