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III. ASSURANCES (Cont.) • 4. Resolutions of City Subdivider agrees to be bound by the provisions set forth in Resolution 957 of the City Council approving the Final Plat of this Subdivision. 5. 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 upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. References herein to Subdivider, if there be more than one, shall mean each and all of them. This agreement, or a short form thereof to be executed by the Subdivider, at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid by the Subdivider. 6. 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 mailed 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. 7. Remedy for Default Default by the Subdivider of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses,occupancy certificates or other authorizations issued by the City in connection with the property included in this subdivision. The remedies afforded to the City under this section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. 9