2004-10-13 WW & CC Meeting - Laserfiche WebLink

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public easements shall become City property without further notice or action. F. MISCELLANEOUS PROVISIONS. I. . 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 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 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 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: Jackson Commercial, LLC. 4886 Highway 61, Suite 202 White Bear Lake, MN 55110 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: