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to save and hold the City harmless <br />actions arising from the right to <br />such permits and certificates and <br />hereof. <br />2805'71 <br />from any and all claims or <br />withhold the issuance of <br />from other provisions <br />(02) Binding Effect - The terms and provisions hereof shall <br />be binding upon, and inure to the benefit of the heirs, <br />representatives, successors and assigns of the parties hereto <br />and shall be binding upon all future owners of all or any part <br />of the Subdivision and shall be deemed covenants running with <br />the land. References herein to Developer, if there be more <br />than one, shall mean each and all of them. This Agreement <br />shall be placed of record so as to give notice hereof to <br />subsequent purchasers and encumbrances of all or any part of <br />the Subdivision, and all recording fees, if any, shall be paid <br />by the Developer. <br />(03) Severable - In the event that any portion of this <br />Agreement shall be held invalid for any reason, the same shall <br />not affect in any respect whatsoever the validity of the <br />remainder of this Agreement. <br />(04) Waiver - Any waiver, whether express or implied, by any <br />party of a breach of any provision of this Agreement will not <br />operate as or be construed to be a waiver of any subsequent <br />breach of this Agreement. <br />(05) Notices - All notices and demands specified herein shall <br />be deemed appropriately and timely given when delivered <br />personally or deposited in the United States mail to the <br />addresses hereinafter set forth by certified mail (return <br />receipt requested). The addresses of the parties hereto are <br />as follows until changed by written notice given as above: <br />If to the City at: <br />If to the Developer at: <br />City of Elk River <br />Attn: City Administrator <br />13065 Orono Parkway <br />P.O. Box 490 <br />Elk River, Minnesota 55330 <br />David and Kathy Gow <br />20493 Meadovale Road <br />Elk River, Minnesota 55330 <br />(06) Final Plat Approval - The City's final approval of the <br />Subdivision plat is hereby made conditional upon the execution <br />and delivery of this Agreement and the City's receipt of all <br />petitions, security and other items specified herein. <br />(07) Filina of Final Plat and Develo er A reement, - Before <br />construction commences on the Improvements, the Final Plat of <br />the Subdivision and the Developer Agreement must be filed and <br />recorded and all necessary easements shall have been conveyed <br />to the City, unless the City Building and Zoning Administrator <br />go <br />