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Berres Development Contract <br />12. The Owner shall reimburse the City for all costs incurred by the City in defense or <br />enforcement of this Contract, or any portion thereof, including court costs and reasonable <br />engineering and attorneys' fees. <br />13. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision <br />shall not affect or void any of the other provisions of the Development Contract. <br />14. The action or inaction of City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed <br />by the parties and approved by written resolution of the City Council. City's failure to promptly <br />take legal action to enforce this Agreement shall not be a waiver or release. <br />15. This agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. All terms and conditions contained herein shall run with the land <br />and shall bind the Owner, his successors and assigns. <br />16. Required notices to Owner shall be in writing and shall be either hand delivered or <br />mailed by certified mail, to the following address: <br />Roger Berres <br />2957 Arcade Street <br />Little Canada, MN 55117 <br />17. Required notices to the City shall be in writing and shall be either hand delivered <br />or mailed by certified mail, in care of the city administrator, to the following address: <br />City of Little Canada <br />515 Little Canada Road East <br />Little Canada, MN 55117 <br />5 <br />6 <br />