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I <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />the City Council. The CITY'S failure to promptly take legal action to enforce <br />this Contract shall not be a waiver or release. <br />G. This Contract shall run with the land and may be recorded against the title to <br />the property. After the DEVELOPER has completed the work required of it <br />under this contract or portions thereof, at the DEVELOPER'S request, the <br />CITY will execute and deliver to the DEVELOPER a certificate of <br />completion indicating that the DEVELOPER has met the obligations as <br />deser'bed in the certificate of completion. <br />H. Each right, power or remedy herein conferred upon the CITY is cumulative <br />and in addition to every other right, power or remedy, express or implied, now <br />or hereafter arising, available to the CITY, at law or in equity, or under any <br />ether agreement, and each and every right, power and remedy herein set forth <br />or otherwise so existing may be exercised from time to time as often and in <br />such order as may be deemed expedient by the CITY and shall not be a waiver <br />of the right to exercise at any time thereafter any ether right, power or remedy. <br />The DEVELOPER may not assign this Contract without the written <br />permission of the City Council. <br />J. The CITY assumes no responsibility for the design, construction, <br />maintenance, or longevity of DEVELOPER installed retaining walls. <br />2. Notices. Required notices to the DEVELOPER shall he in writing, and shall be either <br />hand delivered to the DEVELOPER, its employees or agents, or mailed to the <br />DEVELOPER by registered mail at the following address: <br />Brun P. Carey <br />United Properties Investments LL, <br />3500 American Blvd W. Suite 200 <br />I1 U' Meapo lis, MT 55431 <br />Mark W. Nelson <br />United Properties Investments LL C, <br />3500 American Blvd w, Suite 200 <br />Minneapolis, NIN 55431 <br />Notices to the CITY shall be either hand delivered or nailed to the CITY by registered <br />trail in care of the City Engineer at the following address: <br />City of Roseville <br />Ann% City Engineer <br />60 Civic Center Drive <br />Roseville, MN 55113 <br />Page 10 of 12 <br />