My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
1999-05-12
Centerville
>
City Council
>
Agenda Packets
>
1996-2022
>
1999
>
1999-05-12
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/21/2009 2:43:10 PM
Creation date
12/21/2009 2:41:47 PM
Metadata
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
252
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
PROHIBITIONS AGAINST ASSIGNMENT OF AGREEMENT. Developer represents <br /> and agrees that prior to the completion of the Developer improvements as certified by the <br /> City: <br /> 1. 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 improvements 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 suffer to be made or created, any total or partial sale, <br /> assignment, 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 of specific 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. the City agrees to relieve the Developer <br /> of liability from performance as described in this Contract. Said substitute shall <br /> assume all responsibilities and rights of the Developer under this Contract. <br /> J. MISCELLANEOUS 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 of this Contract, <br /> or any portion thereof, including court costs and reasonable 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 mt. 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 parties, and approved by written <br /> resolution of the City Council. The City's failure to promptly take legal action to <br /> enforce this Agreement shall not be a waiver or release. <br /> 4. Binding Effect. The terms and provisions hereof shall be binding upon and inure <br /> to the benefit of the heirs, 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 permitted that noti 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 /> 8 <br />
The URL can be used to link to this page
Your browser does not support the video tag.