Laserfiche WebLink
20 <br /> <br />14.6. BINDING AGREEMENT. The parties mutually recognize and agree that all <br />terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the <br />land in the FINAL PLAT, and shall be binding upon the successors and assigns of the <br />DEVELOPER. This DEVELOPMENT AGREEMENT shall also run with and be binding <br />upon any after acquired interest of the DEVELOPER in the land made the subject of the <br />FINAL PLAT. <br /> <br />14.7. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this <br />DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which <br />approval will not be unreasonably withheld. In such case, the third-party buyer will be required <br />to accept and assume all contractual and financial responsibilities provided in this <br />DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third- <br />party buyer, the DEVELOPER's obligations hereunder shall terminate. Absent approval of the <br />Council, the DEVELOPER's obligations hereunder shall continue in full force and effect, even <br />if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. <br /> <br />14.8. AMENDMENT AND WAIVER. The parties hereto may by mutual written <br />agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may <br />extend the time for the performance of any of the obligations of the other party, waive any <br />inaccuracies in representations of the other party contained in this DEVELOPMENT <br />AGREEMENT or in any document delivered pursuant hereto which inaccuracies would <br />otherwise constitute a breach of this DEVELOPMENT AGREEMENT, waive compliance by <br />another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive <br />performance of any obligations by the other or waive the fulfillment of any condition that is <br />precedent to the performance by the party so waiving of any of its obligations under this <br />DEVELOPMENT AGREEMENT. Any agreement on the part of any party for any such <br />amendment, extension or waiver must be in writing. No waiver of any of the provisions of this <br />DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other <br />provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. <br /> <br />14.9. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be <br />governed by and construed in accordance with the laws of the State of Minnesota. <br /> <br />14.10. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed <br />in any number of counterparts; each of which shall be deemed an original but all of which <br />shall constitute one and the same instrument. <br /> <br />14.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of <br />this DEVELOPMENT AGREEMENT are included for purposes of convenience only and <br />shall not affect the construction of interpretation of any of its provisions. <br /> <br />14.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with <br />the words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder <br />upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater <br />and more demanding obligation on the DEVELOPER shall prevail. <br />