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<br />3. Waiver. The action or inaction of the City sball 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 fuilure to promptly take legal action to <br />enforce this Agreement sball 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 sball be binding upon all future owners of all or any part of the <br />Subdivision and sball be deemed covenants l'Imning with the land. <br /> <br />5. Notice. Whenever in this Contract it shall be required or pennitted 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 sball 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 furth below until changed by notice given as per above: <br /> <br />Developer: <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. The City agrees to give final approval to the plat of the <br />Subdivision upon execution and delivery of this Contract and of all required <br />documentation, fees, and securities as set forth herein. <br /> <br />7. Incorporation by Reference. All approved plans, special provisions, proposals, <br />specifications, and contracts fur the improvements furnished and let pursuant to <br />this Contract sball 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. Violation of Agreement. In the event that Developer violates any of the <br />covenants and agreements contained in this Development Contract and to be <br />performed by the Developer, the City, at its option, in addition to the rights and <br />remedies as set forth hereunder may refuse to issue building permits to any <br />property within the plat until such time as such default has been corrected to the <br />satisfaction ofthe City. <br /> <br />7 <br />