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RCA Attachment E 1 The terms and conditions of this Agreement shall inure to the benefit of and shall be 2 binding upon the parties hereto, and their respective successors and assigns. 3 The obligations of all parties signing this Agreement as a Developer shall be joint and 4 several. 5 If any portion, section, subsection, sentence, clause, paragraph or phrase of this 6 Agreement is for any reason held invalid, such decision shall not affect the validity of the 7 remaining portions of this Agreement. 8 The action or inaction of the City shall not constitute a waiver or amendment to the 9 provisions of this Agreement. To be binding, amendments or waivers must be in writing, 10 signed by the parties and approved by the Roseville City Council. The CityÓs failure to 11 promptly take legal action to enforce a default under this Agreement shall not be a waiver 12 or release of such default. 13 This Agreement shall run with the land and shall be binding upon the Developer, and its 14 successors and assigns. The Developer shall, at its expense, record this Agreement with 15 the Ramsey County Recorder if the Property is abstract property and/or with the Ramsey 16 County Registrar of Titles if the Property is Torrens property. The Developer shall, prior 17 to the time this Agreement is executed and recorded, furnish the City with title evidence 18 and make arrangements satisfactory to the City to confirm that at the time that this 19 Agreement is executed and recorded the Developer is the sole fee simple owner of the 20 Property and that there are no other parties having an interest in, or a lien or encumbrance 21 against the Property. No work shall commence on the Property prior to the recording of 22 this Agreement. 23 This Agreement shall be governed by and construed in accordance with the laws of the 24 State of Minnesota. Any legal proceeding pertaining to this Agreement, or the rights or 25 obligations of the parties hereunder, shall be venued in courts or tribunals located in 26 Ramsey County, Minnesota. 27 In addition to all other terms and conditions of this Agreement the Developer shall 28 comply with and perform the Conditions of Development attached hereto as Exhibit B. 29 // 30 (Signatures Follow) 31 Page 10 of 14 Page 10 of 14