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Natures Refuge North <br />Development Agreement <br />September 8, 2025 <br /> page 13 <br /> <br />22. 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 />including but not limited to attorney and engineering fees, provided the Developer is <br />first given notice of the work in default, not less than 48 hours in advance. This <br />Agreement is a license for the City to act, and it shall not be necessary for the City to <br />seek a court order for permission to enter the land. When the City does any such work, <br />the City may, in addition to its other remedies, levy the cost in whole or in part as a <br />special assessment against the Subject Property. Developer waives its rights to notice of <br />hearing and hearing on such assessments and its right to appeal such assessments <br />pursuant to Minnesota Statutes, chapter 429. <br /> <br />23. 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, or sent by email to the email address below. <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 or when emailed. <br />The addresses of the parties are as set forth until changed by notice given as <br />above. <br /> <br /> <br /> <br />Page 94 of 168