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4.3 SR 12-05-2022
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4.3 SR 12-05-2022
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12/2/2022 10:35:37 AM
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331639 <br />approved by the City FXglacer, and am ready for birurninous surfacing, <br />and Developer has entered into a Road M2intenar a Agreement with <br />City in the form attached as Exhibit D to this Agreement for <br />srwwplowin and maintettanc a of roads until acceptance of the <br />.Improvements by City. <br />(03) PN t'ce 19 110mebuyers- If the Developer fails to comply with any of the <br />Provisions of this Agreement, the City may refuse to issue a building permit or <br />certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to <br />advise purchasers of any lot or parcel within the Subdivision of the existence of this <br />Agreement and the obligations and restrictions created herein prior to the completion <br />of the sale. Further, Developer agrees to save and hold City harmless from any and <br />all claims or actions arising from the right to withhold the issuarice of such permits <br />and certificates and from other provisions hereof. <br />11.) G—encral Provisions - <br />{Dl) indi ec - The term and provision hereof shall be binding upon, and <br />inure to the benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants: running with the land. References herein <br />to Developer, if there be more than one, shaiI mean each and all of them. This <br />Agreement shall be placed of record so as to give notice hereof to subsequent <br />purchasers and encarribrances of all or any part of the Subdivision, and all recording <br />fees, if any, shall be paid by the Developer. <br />(02) &yMb1M - In the event that arty portion of this Agreement shall be held <br />invalid for any reason, the same shall not: affect in any respect whatsoever the validity <br />of the remainder of this Agreement. <br />(03) Waived - Any waiver, whether express or implied, by any party of a breach of <br />any provision of this Agreement will nor operate as or be construed to be a waiver of <br />any subsequent breach of this Agreement. <br />(04) Noti - All notices and demands specified herein shall be deemed <br />appropriately and Timely given when delivered personally or deposited in the United <br />States mail to the addresses hereinafter set forth by certified mail (return receipt <br />requested). The addresses of the parties hereto are as follows until changed by <br />written notice given as above: <br />If to the City at: <br />M 121113 <br />City of Elk River <br />Attu; City Administrator <br />P.Q. Box 490 <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />S <br />�EiToe-ON Sja 119-2T 96/'5-"T/9e _ _ . <br />
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