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2007-07-11 CC
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2007-07-11 CC
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7/9/2007 11:45:09 AM
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<br />(ll) Any proposed transferee, .by instrument in writing satisfactory to <br />the City and in form recordable among the land records, shall, for itself and its <br />successors and assigns, and expressly for the benefit of the City, have expressly <br />assumed all .of the obligations of the Developer under this Agreement and agreed <br />to be subject to all the conditions and restrictions to which the Developer is <br />subject (unless the Developer agrees to continue to fulfill those obligations, in <br />which case the preceding provisions of this Section 8.2(b)(ll) shall not apply); <br />provided, however, that the fact that any transferee of, or any other successor in <br />interest whatsoever to, the Development Property, or any part thereof, shall not, <br />for whatever reason, have assumed such obligations or .so agreed, and shall not <br />(unless and only to the extent otherwise specifically provided in this Agreement <br />or agreed to in writing by the City) deprive the City of any rights or remedies or <br />controls with respect to the Development Property or the construction of the <br />Minimum Improvements; it being the intent of the parties as expressed in this <br />Agreement that (to the fullest extent permitted at law and in equity and excepting <br />only in the manner and to the extent specifically provided otherwise in this <br />Agreement) no transfer of, or change with respect to, ownership in the <br />Development Property or any part thereof, or any interest therein, however <br />consummated or occurring, and whether voluntary or involuntary, shall operate, <br />legally or practically, to deprive or limit the City of or with respect to any rights <br />or remedies or controls provided in or resulting from this Agreement with respect <br />to the Minimum Improvements that the City would have had, had there been no <br />such transfer or change. In the absence of specific written agreement by the City <br />to the contrary, no such transfer or approval by the City thereof shall be deemed <br />to relieve the Developer, or any other party bound in any way by this Agreement <br />or otherwise with respect to the construction of the Minimum Improvements, <br />from any of its obligations with respect thereto. <br /> <br />(iii) There shall be submitted to the City for review and prior written <br />approval all instruments and other legal documents involved in effecting the <br />transfer of any interest in this Agreement or the Development Property governed <br />by this Article VIII. <br /> <br />Section 8.3. Release and Indemnification Covenants. <br /> <br />(a) Except for any willful misrepresentation or any grossly negligent act or omission, <br />willful or wanton misconduct or any unlawful act of the City Indemnified Parties (defined <br />below), the Developer releases the City and the governing body members, officers, agents, <br />servants and employees thereof (the "City Indemnified Parties") from, covenants and agrees that . <br />the City Indemnified Parties shall not be liable for, and agrees to indemnify and hold harmless <br />the City Indemnified Parties against, any loss or damage to property or any injury to or death of <br />any person occurring at or about or resulting from any defect in the Minimum Improvements. <br /> <br />(b) Except for any willful misrepresentation or any grossly negligent act, willful or <br />wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to <br />protect and defend the City Indemnified Parties, now or forever, and further agrees to hold the <br /> <br />24 <br /> <br />L__________ <br />
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