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1 In addition to the remedies and amounts payable set forth or permitted above, upon the occurrence <br />2 of an event of default, the Developer shall pay to the City all fees and expenses, including attorneys <br />3 fees, incurred by the City as a result of the event of default, whether or not a lawsuit ar other action <br />4 is formally taken. <br />5 <br />6 U. Assign. The Developer may not assign this Agreement without the written permission of the <br />7 Roseville City Council. <br />g V. Notices to the Developer. Required notices to the Developer shall be in writing, and shall be either <br />9 hand delivered to Alex Hall, or an of�cer, employee or agent of the Developer, or mailed to the <br />10 Developer by registered mail at the following address: <br />l 1 United Properties Residential LLC <br />12 3500 American Boulevard West, Suite 200 <br />13 Bloomington, MN 55431 <br />14 Attn: Alex Hall <br />ls <br />16 W. Notices to the City. shall be either hand delivered to the City Engineer, or mailed to the City by <br />17 registered mail in care of the City Engineer at the following address: <br />1 s City of Roseville <br />19 Attn: City Engineer <br />20 2660 Civic Center Drive <br />21 Roseville, Minnesota 55113 <br />22 <br />23 X. Miscellaneous. <br />24 l. The terms and conditions of this Agreement shall inure to the benefit of and shall be <br />25 binding upon the parties hereto, and their respective successors and assigns. <br />26 2. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />27 Agreement is for any reason held invalid, such decision shall not affect the validity of the <br />28 remaining portion of this Agreement. <br />29 3. The action or inaction of the City shall not constitute a waiver or amendment to the <br />30 provisions of this Agreement. To be binding, amendments or waivers must be in writing, <br />31 signed by the parties and approved by the Roseville City Council. The City's failure to <br />32 promptly take legal action to enforce a default under this Agreement shall not be a waiver <br />33 or release of such default. <br />34 4. This Agreement shall run with the land and shall be binding upon the Developer, and its <br />35 successors and assigns. The Developer shall, at its expense, record this Agreement with <br />36 the Ramsey County Recorder if the Property is abstract property and/or with the Ramsey <br />37 County Registrar of Titles if the Property is torrens property. The Developer shall, prior <br />38 to the time this Agreement is executed and recorded, furnish the City with title evidence <br />39 and make arrangements satisfactory to the City to confirm that at the time that this <br />4o Agreement is executed and recorded the Developer is the sole fee simple owner of the <br />41 Property and that there are no other parties having an interest in, or a lien or encumbrance <br />42 against the Property. No work shall commence on the Property prior to the recording of <br />43 this Agreement. <br />Page 9 of 15 <br />