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To the City at: To the Developer at: <br /> City of Centerville James MacKinnon <br /> City Administrator, Mark Statz 1805 W. Lake Street, 4101 <br /> 1880 Main Street Minneapolis, Minnesota 55408-4244 <br /> Centerville, Minnesota 55038 612-599-5111 <br /> 651-429-3232 <br /> MStatz@Centervillemn.com <br /> 12. Successors and Assigns. All of the covenants,promises, and agreements in this <br /> Agreement contained by or on behalf of the City or Developer shall be binding upon and inure to <br /> the benefit of their respective successors and assigns whether so expressed or not. <br /> 13. Governing Law. The applicable law of the State of Minnesota shall govern this <br /> Agreement. <br /> 14. Grading Permit. The City, through a separate document, does issue a permit to <br /> Developer to begin grading the Real Property and those adjacent areas necessary to fulfil the <br /> development plans for Old Mill Estates. <br /> 15. Assumption Of The Risk. Developer acknowledges that land use plans, governmental <br /> approvals, and fees associated with the subdivision of the Real Property, the Old Mill Estates <br /> Plat, and associated development plans for the Real Property have not been fully approved by the <br /> City and other governmental agencies. Developer desires to begin grading despite the fact that <br /> these approvals have not yet been granted. Developer acknowledges that it will assume all risks, <br /> known and unknown, associated with grading the Real Property without waiting for final <br /> approvals for the development of the Real Property. These risks include, but are not limited to <br /> increased costs borne by Developer due to plan or grading changes, or even a complete denial of <br /> the right to proceed with platting, subdividing or construction associated with the Real Property. <br /> These decisions are beyond Developer's control. Developer will hold the City harmless in the <br /> event that decisions by the City or other governmental agencies cause increased costs to develop <br /> the Real Property or even result in the denial of development of the Real Property. <br /> [REMAINDER OF DOCUMENT INTENTIONALLY LEFT BLANK] <br /> Page 3 of 5 <br /> 40 <br />