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<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 competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />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 to <br />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 />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 party, <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 />parties hereto are as set forth below until changed by notice given as per above: <br /> <br />Developer: <br /> <br />Richard S. Carlson Development. LLC <br />7671 Central Avenue <br />Fridley~ MN 55432 <br /> <br />City: <br /> <br />City of Centerville <br />Attn: City Administrator <br />1880 Main Street <br />Centerville, MN 55038 <br /> <br />6. Final Plat Approval. Final plat approval shall be conditioned upon execution and <br />delivery of this Contract and of all required documentation, fees, and securities as <br />set forth herein. <br /> <br />7. Incorporation by Reference. All approved plans, special provisions, proposals, <br />specifications, and contracts for the improvements furnished and let pursuant to <br />this Contract shall be and hereby are made a part of this Contract by reference as <br />fully as if set out herein in full. <br /> <br />8 <br />