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18 <br /> <br />14.5. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be <br />recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and <br />all documents necessary to implement the recording. <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 upon <br />any after acquired interest of the DEVELOPER in the land made the subject of the FINAL <br />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-party <br />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, waive any <br />inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT <br />or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a <br />breach of this DEVELOPMENT AGREEMENT, waive compliance by another with any of the <br />covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any <br />obligations by the other or waive the fulfillment of any condition that is precedent to the <br />performance by the party so waiving of any of its obligations under this DEVELOPMENT <br />AGREEMENT. Any agreement on the part of any party for any such amendment, extension or <br />waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT <br />AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether <br />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 shall <br />constitute one and the same instrument. <br /> <br />14.11. HEADINGS. The subject headings of the paragraphs and subparagraphs of this <br />DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not <br />affect the construction of interpretation of any of its provisions. <br /> <br />14.12. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the <br />words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon <br />the DEVELOPER are inconsistent, then that provision or term which imposes a greater and <br />more demanding obligation on the DEVELOPER shall prevail. <br /> <br />