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<br />SYSCO Amendment <br />Page 8 <br /> <br />In the event City does not recover its costs for completing the Improvements under the <br />provisions of this paragraph, as an additional remedy, City may, at its option, assess the <br />Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer <br />hereby consents to the levy of such special assessments without notice or hearing and <br />waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section <br />429.081, provided the amount levied, together with the funds deposited with the City under <br />this paragraph, does not exceed the expenses actually incurred by the City in the <br />completion of the Improvements. <br /> <br />3.04. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including <br />attorney fees, in the event a suit or action is brought by the City against the Developer to <br />enforce the terms of this Agreement. <br /> <br />3.05. Amendment. Any subsequent amendment to this Agreement must be in writing and <br />signed by both parties. <br /> <br />3.06. Assignment. The Developer may not assign any of its obligations under this Agreement <br />without the prior written consent of the City. <br /> <br />3.07. Agreement to Run with Land. This Agreement shall be recorded among the land <br />records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the <br />Property and be binding upon the Developer and its assigns or successors in interest. <br />Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve <br />the Developer of its liability for full performance of this Agreement unless the City expressly so <br />releases the Developer in writing. <br /> <br />3.08. Representatives Not Individually Liable. No officer, agent or employee of the City shall <br />be personally liable to the Developer, or any successor in interest, in the event of any default <br />or breach by the City on any obligation or term of this Agreement. <br /> <br />3.09. Notices and Demands. Any notice, demand, or other communication under this <br />Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched <br />by registered or certified mail, postage prepaid, return receipt requested, or delivered <br />personally: <br /> <br /> (a) as to the Developer: SYSCO Minnesota <br /> 2400 County Road J <br /> Mounds View, MN 55112 <br /> Attn: Phil Seipp <br /> <br /> (b) as to the City: City of Mounds View <br /> 2401 County Road 10 <br /> Mounds View, MN 55112 <br /> Attn: City Administrator <br /> <br />or at such other address with respect to either such party as that party may, from time to time, <br />designate in writing and forward to the other as provided in this section 3.09.