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1998-12-07 Packet
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1998-12-07 Packet
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NOY. -24' 9817UE) 15 40 3 ",RN:; GLZ1' STEFFE TEL :61: 7 80 1777 <br /> Except by way of security for, and only for the purpose of obtaining financing <br /> necessary to enable the Developer to perform its obligations with respect to the <br /> construction of the impmvaments under this Agreement and any other purpose <br /> authorized by this Agreement, the Developer (except as so authorized) will not <br /> make or create, or Buffer to be made or created, any total or partial sale, <br /> askgnmem, conveyance, or transfer in any other mode or form, with respect to <br /> this Agreement or any interest therein, or any contract or agreement to do any of <br /> the same, without the prior written approval of the City. <br /> 2. In the absence ofspecific written agreement by the City to the contrary, no such <br /> transfer or approval by the City shall be deemed to relieve Developer from any of <br /> its obligations, in the event that the City approves a substitute Developer and the <br /> Property is transferred to said substitute, [he City agrees to relieve the Developer <br /> of liability from perfonnanee as described in this Contract, Said substitute shall <br /> assume all responsibilities and rights of the Developer under this Contract. <br /> J. MI5CCELLANEO13 PROVISIONS <br /> 1. Reimbursement of Costs for Defense. The Developer agrees to reimburse the <br /> City for all costs incurred by the City in defense of enforcement cf this Contract, <br /> or any portion thereof, including court costs and reasorable engineering and <br /> attorney`s fees. <br /> 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or <br /> phrase in this Contract is for any reason held to be invalid by a court of competent <br /> jurisdiction, such decision shall not affect or void any of the other provisions of <br /> the Development Contract, <br /> 3. Waiver. The action or inaction of the City shall = constitute a waiver or <br /> amendment to the provisions of this Agreement. To be binding, amendments or <br /> waivers shall be in writing, signed by the patties, and approved by written <br /> resolution of the City Connell. The City's failure to promptly take legal action to <br /> enforce this Agreement shall not be a waiver or release. <br /> 4. Binding Lffect. The terms and provisions hereof shall be binding upon and inure <br /> to the benefit of the heir, representatives, successors, and assigns of the parties <br /> hereto and shall be binding upon all future owners of all or any part of the <br /> Subdivision and shall be deemed covenants running with the land. <br /> 5. Notice. Whenever in this Contract it shall be required or permined that notice or <br /> demand be given or served by either party to this Contract to or on the other party, <br /> such notice or demand shall be delivered personally or mailed by United States <br /> mail to the addresses set forth below by certified mail (return receipt requested). <br /> Such notice or demand shall be deemed timely given when delivered personally <br /> 7 <br />
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