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Saddle Club 4th Addition <br />Grading and Trunk Utility Agreement <br />October 8, 2018 <br /> <br /> page 6 <br />18. Developer’s Default. In the event of default by the Developer as to any of the work to <br />be performed by it hereunder, the City may, at its option, perform the work and the <br />Developer shall promptly reimburse the City for any expense incurred by the City, <br />provided the Developer is first given notice of the work in default, not less than 48 <br />hours in advance. This Agreement is a license for the City to act, and it shall not be <br />necessary for the City to seek a court order for permission to enter the land. When the <br />City does any such work, the City may, in addition to its other remedies, levy the cost in <br />whole or in part as a special assessment against the Subject Property. Developer waives <br />its rights to notice of hearing and hearing on such assessments and its right to appeal <br />such assessments pursuant to Minnesota Statutes, chapter 429. <br /> <br />19. General. <br /> <br />a. Binding Effect <br /> <br />The terms and provisions hereof shall be binding upon and inure to the benefit <br />of the heirs, representatives, successors and assigns of the parties hereto and <br />shall be binding upon all future owners of all or any part of the Subdivision and <br />shall be deemed covenants running with the land, unless otherwise released <br />pursuant to section 14 of this Agreement. <br /> <br />b. Validity. <br /> <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Development Agreement. <br /> <br />c. Notices <br /> <br />Whenever in this agreement it shall be required or permitted that notice or <br />demand be given or served by either party to this agreement to or on the other <br />party, such notice or demand shall be delivered personally or mailed by United <br />States mail to the addresses below by certified mail (return receipt requested). <br />Such notice or demand shall be deemed timely given when delivered personally <br />or when deposited in the mail in accordance with the above. The addresses of <br />the parties are as set forth until changed by notice given as above. <br /> <br />DuPont Holdings, LLC <br />Attn: Keith Eibensteiner <br />1000 County Road West, Suite 150 <br />Shoreview, MN 55126