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34. Violation of This Agreement. If the DEVELOPER fails to perform any of the terms of this <br /> Agreement in the mariner required bv the CITY, the CITY shall be entitled to recover, from <br /> the DEVELOPER or the issuer of DEVELOPER'S financial guarantee, the full amount of <br /> any and all financial guarantees. Breach of any of the terms of this Development Agreement <br /> by the DEVELOPER shall also be grounds for denial of Building Permits for buildings in <br /> the Plat. <br /> <br />_35. Agreement Binding On Successors and Assigns. The DEVELOPER agrees that this <br /> Development Agreement shall be binding upon its successors and assigns. <br /> <br /> IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this <br />day of ,2004. <br /> <br />OAK CREEK BUILDERS INC. <br /> <br />By: <br /> <br />Its: <br /> <br />STATE OF MINNESOTA <br /> <br />COUNTY OF ANOICa. <br /> <br />The foregoing was acknowledged before me this ~ day of ., 2004, <br />by the of Oak Creek Builders Inc., a corporation under the <br />laws of the State of Minnesota, on behalf of the corporation, <br /> <br />Notary Public <br /> <br />CITY OF tLiMSEY: <br /> <br />ATTEST: <br /> <br />By: By: <br />Its: Mayor Its: <br /> <br />Ciw Clerk <br /> <br />-322- <br /> <br />'STATE OF MIN~'ESOTA ) <br /> )SS, <br />COUNTY OF ANOiC~ ) <br /> <br />Alpine Acres Subdivision <br />Development Agreement <br />Page i1 of 12 <br /> <br /> <br />