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. . r such decision shall not affect or void any of the other provisions of the Developmeot , 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 runoing 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 furth below by certified mail (return receipt requested). Such notice or , demand shall be deemed timely giv~ when delivered personally or wheii 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 abQve: Developer: Centervi1le 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: ~~~~~ Mayor Centerville Properties, Inc. ATIEST: Its: c-';;:Yrl)~./.' City Clerk STATE OF MlNNESOTA) ) S5