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DEC -07' 900M 15:C0 BAR.UA GUZY STEFFE TEL 611 7 80 1777 P. ODB <br /> Property is transferred to said substitute, the City agrees to relieve the Developer <br /> Of liability from perfo- +mance as described it this Contract. Said substitute shall <br /> assume all responsibilities and rights ofthe Developer ender this Contract. <br /> 7. ISC NFQLIS PROVISICN S, <br /> 1 Reimbursement of Costs for Defense, The Developer agrees to reimburse the <br /> City for all costs incurred by the City in defense of enforcement of this Contract, <br /> or any portion thereof, including court costs and. easonable engineering and <br /> attorney's fees. <br /> 2, Validity. If any portion, section, subsection, sentence, clause, paragraph or <br /> Phrase in this Contract is for any reasor. held to be invalid by a court of competent <br /> jurisdiction, such decision shall not affect or void any of the other provisions of <br /> the Development Contract. <br /> 3. Waiver. The action or inaction of the City shall aW constitute a waiver or <br /> amondntent to the provisions of this Agreement. To be binding, amendments or <br /> waivers shall be hz writing, signed by the patties, and approved by written <br /> resolution of the City Council. The City's failure to promptly rake legal action to <br /> enforce this Agreement shall not be a waiver or release. <br /> 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure <br /> to the benefit of the heirs, representatives, successors, and assigns of the pardes <br /> hereto and shall be binding upon all future owners of all or any pan of the <br /> Subdivision and shall be deemed covenants ninning with the land. <br /> 5. Notice. Whenever in this Contract it shall be required or permitted that notice or <br /> demand be given or served by either party to this Contract to or on the other patty, <br /> such notice or demand shall be delivered personally or mailed by United States <br /> mail to the addresses set Forth below by certified mail (return receipt requested). <br /> Such notice or demand shall be deemed timely given when delivered personally <br /> or when deposited in the mail in accordance with the above. The addresses of the <br /> Panics hereto are as set forth below until changed by notice given as per above; <br /> Developer: Carl Buechler <br /> 2954 Rice Street <br /> St. Paul, NN 55113 <br /> City: City of Centerville <br /> Attn: City Administrator <br /> 1880 Main Street <br /> Centerville, MN 55038 <br /> 7 <br />