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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 shall 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 terms and provisions hereof shall be binding upon and inure 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 permitted 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: Developer: Centerville Properties Inc. 705 West Lake Street Minneapolis, MN 55408 City: City of Centerville Attn: City Administrator 1880 Main Street Centerville, MN 55038 IN WITNESS WHEREOF, City and Developer have signed this Development Agreement the day and year first written above. CITY: DEVELOPER: CITY OF CENTERVILLE Centerville Properties, Inc. By: Mayor By: Lloyd Drilling Its: President ATTEST: By: City Clerk STATE OF MINNESOTA) ) ss