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<br /> ." <br /> . assistance in connection with such party's undertaking of development of the subject property, <br /> The Developer understands, however, that the real property is owned by third parties and that the <br /> City can not preclude the development thereof by its owners, <br /> Section 7, Ci1;y Costs, In consideration of the City's covenants and agreements set forth <br /> herein, the Developer agrees that it will pay the costs incurred by the City in connection with the <br /> preparation of this Agreement and the negotiation, preparation and implementation of the <br /> Contract. The Developer has previously paid to the City $2,500 and has deposited another <br /> $2,500 with the City upon execution of this Agreement. The City shall have the right to draw <br /> upon such amounts to pay its costs. If the amount on deposit becomes depleted, the City shall <br /> have the right to request that the Developer replenish such funds upon which the Developer shall <br /> remit to the City additional funds to be held on deposit, unless the City has terminated this <br /> Agreement as provided in Section 4, If this Agreement is terminated in accordance with the <br /> terms hereof, any sums remaining on deposit with the City, after the City pays or reimburses <br /> itself for costs incurred to the date of termination, shall be returned to the Developer, No other <br /> financial obligations shall exist between the parties, other than those that may be negotiated and <br /> contained in the Contract. <br /> Section 8, Modifications, This Agreement may be modified and the term hereof may be <br /> extended only through written amendments hereto signed by all parties to this Agreement. Staff <br /> of the City shall have the authority to agree to written extensions of time to perform activities <br /> . hereunder if staff believe that such extensions are reasonable and necessary, <br /> Section 9, Termination, This Agreement shall be effective for a term of ninety (90) days <br /> from the date hereof. If for any reason a Contract has not been entered into by the parties within <br /> the term of this Agreement or any mutually approved extension thereof, this Agreement shall be <br /> null and void and, subject to Section 7, neither party shall have any liability or obligations to the <br /> other, <br /> Section I 0, Severabilitv, If any portion of this Agreement is held invalid by a court of <br /> competent jurisdiction, such decision shall not affect the validity of any remaining portion of this <br /> Agreement, <br /> Section I L Notices, Notice, demand, or other communication from one party to the other <br /> shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or <br /> delivered personally to a party at its address in the first paragraph of this Agreement, or at such <br /> other address as such party may designate in writing to the other party, <br /> . <br />