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SEP, 13. 2006 11 :40AM Mail EDINA REALTY TIT`E CLAIMS NO. 2964 P. 19/59 the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. 22. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land.. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrancers of all or any part of the property. 23. Notices: Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or rxtailed by United States certified mail(return receipt requested)to the addresses set forth below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Develo er City of Orono BohLand Glendale Cove,LLC Clerk/Administrator 1844 'Wayzata Boulevard P.O.Box 66 P.O, Box 815 Crystal Bay,MN 55323 Long Lake,MN 55356. Parties may substitute notice provisions upon notice to other parties. 24. incorporation by Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. 25. Disclaimer by City; It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person,firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any ldnd or character, arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. 26. Hold Harmless and indemnification: The Developer shall indemnify and hold harmless the City,the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the Developer, its employees, agents or sub-contractors, whether or not caused in part by a party Developer Initial S t2- City Clerk Initial