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<br />Landowner shall discontinue use of the TOSU and abandon said TOSU, all in accordance <br />with the requirements of state law and City Ordinance, within fourteen (14) days of <br />connecting to the public water and sanitary sewer systems constructed by the City to <br />serve the Subject Property. <br /> <br />5. Waiver of Claims. Landowner agrees to waive any claims against the City <br />that it may have for monetary compensation regarding Landowner's responsibilities <br />under this Agreement. Without limiting the foregoing, Landowner specifically waives <br />(a) any claim it may have for compensation due to the cost of installation of the TOSU, <br />(b) any right to claim no benefit to the Subject Property from the installation of the City <br />utilities, and ( c) any right to appeal any special assessments imposed due to installation of <br />the City utilities which are later constructed by City. <br /> <br />6. Successors and Assigns. Whenever in this Agreement one of the parties <br />hereto is named or referred to, the successors and assigns of such party shall be included <br />and all covenants and agreements contained in this Agreement by or on behalf of either <br />party shall bind and inure to the benefit of their respective successors and assigns. <br /> <br />7. Amendments. This Agreement, or any provision hereof, may not be <br />changed, waived, discharged or terminated orally, but only by an instrument in writing <br />signed by the party against whom enforcement of the change, waiver, discharge or <br />termination is sought. <br /> <br />8. Governing Law. This Agreement is made and executed pursuant to and is <br />intended to be governed by the laws of the State of Minnesota. <br /> <br />9. Recording. This Agreement shall run with the land and shall be recorded <br />against the title to the Subject Property. <br /> <br />CITY OF CENTER VILLE <br /> <br />By: <br /> <br />Mary Capra, Mayor <br /> <br />By: <br /> <br />Dallas Larson, City Administrator <br /> <br />ST ATE OF MINNESOTA) <br />) ss. <br />COUNTY OF ANOKA ) <br /> <br />The foregoing instrument was acknowledged before me this _ day of August, <br />2004, by Mary Capra, the Mayor and Dallas Larson, City Administrator, respectively, of <br />the City of Centerville, a Minnesota municipal ~orporation, on behalf of the municipal <br />corporation and pursuant to the authority granted ~y its City Council. <br />