08-28-2013 Council Agenda - Laserfiche WebLink

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the service to the property, and any costs associated with upgrades to the primary lines related to the service to the Property. 2. Owner agrees to be responsible for all costs outlined in Provision #1 should the Tenant not honor this agreement or should the Tenant no longer be leasing the Property. It is also understood that should the City be undertaking other improvements on Woodlyn Avenue occurring at the same time as the undergrounding of the power lines, Owner's costs associated with the power lines may be assessed over the same term and conditions as the public improvements being done at that time. In doing so, the Owner will waive his rights to contest that portion of the assessment associated with this agreement. 3. This Agreement shall be recorded against the property and is binding on any heirs, successors, or assigns 4. There is no intent to benefit any parties not named in this agreement and those not named shall have no recourse against the City under this Agreement. 7. Owner shall reimburse the City for all costs incurred by the City in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 8. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Agreement. 9. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 3