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<br />Improvements at the time of the requested reduction. The <br />amount of reduction will be determined by the City and such <br />recommendation will be submitted to the City Council for <br />action. <br /> <br />C. RECORDING AND RELEASE. The Developer agrees that the terms of this Development <br />Contract shall be a covenant on this entire project site. The Developer agrees that the City shall <br />have the right to record. a copy of this Development Contract with the Anoka County <br />RecorderlRegistrar to give notice to future purchasers and owners. <br /> <br />D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs <br />incurred by the City including, but not limited to, the actual costs of construction of said <br />improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of <br />necessary easements, if any, and any other costs incurred by the City relating to this Development <br />Contract and the installation and financing of the aforementioned improvements. <br /> <br />E. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required <br />by this Contract and acceptance by the City, the improvements lying within the public easements <br />shall become City property without further notice or action. <br /> <br />F. MISCELLANEOUS PROVISIONS. <br /> <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 reasonable engineering and <br />attorney's fees._ <br /> <br />2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or <br />phrase in this Contract is for any reason held to be invalid by a court of <br />competent jurisdiction, such decision shall not affect or void any of the other <br />provisions of the Development Contract. <br /> <br />3. Waiver. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or <br />waivers shall be in writing, signed by the parties, and approved by written <br />resolution of the City Council. The City's failure to promptly take legal action <br />to enforce this Agreement shall not be a waiver or release. <br /> <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 parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br /> <br />S. 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 <br />party, such notice or demand shall be delivered personally or mailed by United <br />States mail to the addresses set forth below by certified mail (return receipt <br />requested). Such notice or demand shall be deemed timely given when delivered <br />personally or when deposited in the mail in accordance with the above. The <br />addresses of the parties hereto are. as set forth below until changed by notice <br />given as per above: <br /> <br />Developer: <br /> <br />Sedona Homes <br />4886 Highway 61, Suite 202 <br />White Bear Lake, MN SS 110 <br />