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Attachment A 1 3. The obligations of all parties signing this Agreement as a Developer shall be joint and several. 2 4. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is 3 for any reason held invalid, such decision shall not affect the validity of the remaining portions of 4 this Agreement. 5 5. The action or inaction of the City shall not constitute a waiver or amendment to the provisions 6 of this Agreement. To be binding, amendments or waivers must be in writing, signed by the parties 7 and approved by the Roseville City Council. The City’s failure to promptly take legal action to 8 enforce a default under this Agreement shall not be a waiver or release of such default. 9 6. This Agreement shall run with the land and shall be binding upon the Developer, and its 10 successors and assigns. The Developer shall, at its expense, record this Agreement with the 11 Ramsey County Recorder if the Property is abstract property and/or with the Ramsey County 12 Registrar of Titles if the Property is Torrens property. The Developer shall, prior to the time this 13 Agreement is executed and recorded, furnish the City with title evidence and make arrangements 14 satisfactory to the City to confirm that at the time that this Agreement is executed and recorded 15 the Developer is the sole fee simple owner of the Property and that there are no other parties having 16 an interest in, or a lien or encumbrance against the Property. No work shall commence on the 17 Property prior to the recording of this Agreement. 18 7. This Agreement shall be governed by and construed in accordance with the laws of the State 19 of Minnesota. Any legal proceeding pertaining to this Agreement, or the rights or obligations of 20 the parties hereunder, shall be venued in courts or tribunals located in Ramsey County, Minnesota. 21 8. In addition to all other terms and conditions of this Agreement the Developer shall comply 22 with and perform the Conditions of Development attached hereto as Exhibit B. 23 9. Notwithstanding anything to the contrary herein, the Developer anticipates starting demolition 24 and soil correction work on the Property prior to issuance of a full building permit for the Project. 25 So long as such demolition and soil correction is properly permitted by the City, the City will not 26 require a building permit or security for the Public Improvements to be in place prior to the 27 Developer proceeding on such work. 28 (Signatures Follow) 29 Page 11 of 15