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5C, Planning Case 12-019 - 1201 County Road E Development Agreement
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5C, Planning Case 12-019 - 1201 County Road E Development Agreement
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C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for <br /> any reason held invalid, such decision shall not affect the validity of the remaining portion of this <br /> Agreement. <br /> D. The action or inaction of either party shall not constitute a waiver or amendment to the provisions <br /> of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and <br /> approved by written resolution of the City Council. The failure to promptly take legal action to enforce this <br /> Agreement shall not be a waiver or release. <br /> E. This Agreement shall run with the land and will be recorded against the title to the Site. The <br /> Developer covenants with the City, its successors and assigns,that the Developer is well seized in fee title of <br /> the Site. <br /> F. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every <br /> other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in <br /> equity, or under any other agreement, and each and every right, power and remedy herein set forth or <br /> otherwise so existing may be exercised from time to time as often and in such order as may be deemed <br /> expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, <br /> power or remedy. <br /> G. Prior to issuance of the initial Certificate of Occupancy, the Developer may not assign this <br /> Agreement without the written permission of the City Council. The Developer's obligation hereunder shall <br /> continue in full force and effect against successors or assigns of Developer if the Developer sells the entire <br /> development, or any part of it. If a successor or assign of Developer assumes all obligations of Developer <br /> remaining pursuant to this Agreement in a writing delivered to the City, the City will release Developer from <br /> this Contract or any part of it. <br /> 27. NOTICES. Required notices to the Developer shall be in writing,and shall be either hand delivered to the <br /> Developer, its employees or agents, or mailed to the Developer by certified mail at the following addresses: TAT <br />
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