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required by this Contract and acceptance by the City, all utilities (Le. sanitary sewer, water main, and storm sewer) lying within the public easements and within the common drainage and utility easement area of Lot II shall become City property without further notice or action, and be maintained by the City. F. PARK DEDICA TIONFEE The Developer shall pay six thousand dollars ($6,000) as and for a park dedication fee. Said fee shall be paid at the rate of six hundred dollars ($600) per unit (10 units) as a condition precedent to, and at such time that a unit building permit is issued. Said fee satisfies Developer's Park Dedication obligation for the entire 2.8 acre parcel (Phase I and II). G. MISCELLANEOUS PROVISIONS. 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shalt be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Effect. The tenns and provisions hereof shall be binding upon and insured to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. 5. Notice. Whenever in this Contract it shall be required or pennitted that notice or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses set forth below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth below until changed by notice given as per above: 19