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<br />F. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City <br />Council. The City's failure to promptly take legal action to enforce this Contract <br />shall not be a waiver or release. <br /> <br />G. The Developer represents to the City to the best of its knowledge that the plat is <br />not of "metropolitan significance" and that an environmental impact statement is <br />not required. If the City or another governmental agency determines that such a <br />review is needed, however, the Developer shall prepare it in compliance with <br />legal requirements so issued from the agency. The Developer shall reimburse the <br />City for all expenses, including stafftime and attorney's fees, that the City incurs <br />in assisting in the preparation of the review. <br /> <br />H. This Contract shall ill1 with the land and may be recorded against the title to the <br />property. After the Developer has completed the work required of it under this <br />contract, at the Developer's request, the City will execute and deliver to the <br />Developer a release. <br /> <br />1. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or <br />hereafter arising, available to the City, at law or in equity, or under any other <br />agreement, and each and every right, power and remedy herein set forth or <br />otherwise so existing may abe exercised from time to time as often and in such <br />order as may be deemed expedient by the City and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br /> <br />J. The Developer may not assign this Contract without the written permission of the <br />City Council. <br /> <br />K. The City assumes no responsibility for the design, construction, maintenance, or <br />longevity of developer installed retaining walls. <br /> <br />21. Notices. Required notices to the Developer shall be in writing, and shall be either hand <br />delivered to the Developer, its employees or agents, or mailed to the Developer by <br />registered mail at the following address: <br />. Notices to the City <br />shall be in writing and shall be either hand delivered or mailed to the City by registered <br />mail in care of the City Manager at the following address: City ofRoseville, 2660 Civic <br />Center Drive, Roseville, MN 55113. Attention: Public Works Director. <br /> <br />IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year <br />first above written. <br /> <br />9 <br />