Laserfiche WebLink
the City to enforce the terms of this Agreement against the Developers, by action for specific <br />performance or damages, or both, or by any other legally authorized means. The Developers also <br />acknowledge that their failure to perform any or all of their obligations under this Agreement may <br />result in substantial damages to the City; that in the event of default by the Developers, the City <br />may commence legal action to recover all damages, losses and expenses sustained by the City; and <br />that such expenses may include, but are not limited to, the reasonable fees of legal counsel <br />employed with respect to the enforcement of this Agreement. <br />F. THIS AGREEMENT: <br />1. Release of Agreement. This Agreement shall run with the land and may be <br />recorded against the title to the property. After the Developer has completed the work required of it <br />under the Agreement, at the Developer's request the City will execute and deliver to the Developer <br />a release. <br />2. Warranty of Title. Developer warrants and represents to the City that it is <br />the fee owner of the land described herein and that it has authority to execute this Development <br />Agreement and agree to the conditions hereof and to subject the land hereto. Developer also <br />represents and warrants that the use for which this development is sought will not violate any <br />restrictive covenants applying to the property. <br />3. Binding Effect. This Agreement shall be deemed to be a restrictive <br />covenant and the terms and conditions hereof shall run with the land described herein and be <br />binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and <br />shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed <br />covenants running with the land. Reference herein to the Developers, if there be more than one, <br />shall mean each and all of them. <br />This Agreement shall be placed of record so as to give notice hereof to <br />subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against <br />the escrow account. <br />4. Restrictions on Transfer/Indemnification. Developers agree to defend <br />and hold the City, and its officials, employees and agents, harmless against any and all claims, <br />demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable <br />attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in <br />connection with the Project. No transfer or assignment shall be made without City approval and <br />any assignment or transfer without such approval shall be void. <br />5. Incorporation by Reference. All general and special conditions, plans, <br />special provisions, proposals, specifications and contracts for the plat and for any improvements <br />furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement <br />Fable Hill 6th Addition Development Agreement <br />12 <br />