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5. Assessment. The Owner, for itself and respective successors and assigns, hereby <br />waives any statutory right to contest any assessment by the City for its costs of <br />maintenance/repair as permitted herein, on the basis of the benefit to portions of the Property. <br />6. Terms and Conditions. The terms and conditions of this Agreement shall be <br />binding upon, and shall insure to the benefit of, the parties hereto and their respective successors <br />and assigns. <br />7. This Agreement shall be recorded in the Anoka County, Minnesota Recorder's <br />Office. It shall be the Developer's responsibility to pay the applicable <br />recording fees. <br />IN WITNESS WHEREOF, the parties hereto have caused this document to be <br />executed as of the clay and year first above written. <br />[Signature Page Follows] <br />3 <br />