2002-03-27 CC Packet - Laserfiche WebLink

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., this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City. 2. In the absence of specific written agreement by the City to the wntfary, no such transfer or approval by the City shall be deemed to relieve Developer from any of its obligations. In the event that the City approves a substitute Developer and the property is transferred to said substitute, the City agrees to relieve the Developer of liability from performance as described in this Contract. Said substitute shall assume all responsibilities and rights of the Developer under this Contract. Nothing in paragraphs] and 2 of this paragraph [ shall he construed to limit or restrict Developer's right of ability to sell lots to builders. J. MISCELLANEOUS PROVISIONS. I. Reimbursement of Costs for De tense. The Developer agrees to reimburse the City fi)]" all costs incurred by the City in defense of enf(Jrccment of this Contract, or any portion thereof; including court costs and reasonable engineering and attorney's fees. 2. Validity. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not aff~ct or void any of the other provisions of the Development Contract. 3. Waiver. The action or inaction of the City shall not constitute a wai vcr or anlendment to the provisions of this Agreement. To be binding, anlendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 4. Binding Erteet. The terms and provisions hereof shall be binding upon and inure to the benetit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenantsmnning with the land. 5. Notice. Whenever in this Contract it shall be required or permitted that notice or demand be given or served by either party to this Contract to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses set forth beiow by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto arc as set forth below until changed by notice given as per above: 7