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<br />CITY'S <br />REPRESENTATIVE: <br /> <br />Tony Segreto <br />Public Works Director <br />City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, Florida 32707 <br /> <br />Should any party identified above change, it shall be said party's obligation to notify the <br />remaining parties of the change in a fashion as is required for notices herein. <br /> <br />10. Binding Effect. This Agreement shall run with the land, shall be binding upon and <br />inure to the benefit of the Developer and its assigns and successors in interest, and the City and its <br />assigns and successors in interest. The Developer agrees to pay the cost of recording this document <br />in the Public Records of Seminole County, Florida. This Agreement does not, and is not intended to <br />prevent or impede the City from exercising its legislative authority as the same may affect the <br />Property. <br /> <br />11. Compliance with Laws. The failure ofthis Agreement to address a particular permit, <br />condition, term or restriction shall not relieve the Developer of the necessity of complying with the <br />law governing said permitting requirements, conditions, term or restriction. <br /> <br />12. Obligations. Should the Developer fail to undertake and complete its obligations as <br />described in this Agreement to the City's specifications, then the City shall give the Developer thirty <br />(30) days written notice to commence and ninety (90) days to complete said required obligation. If <br />the Developer fails to complete the obligations within the ninety (90) day period then the City, <br />without further notice to the Developer, may without prejudice to any other rights or remedies it may <br />have, perform any and all of the obligations described in this Agreement. In the event the City <br />undertakes to construct improvements on the Property, the City will provide Developer the <br />appropriate indemnification mirroring Section 13's indemnification clause to the extent consistent <br />with Florida law, including Fla. Stat. 9768.28. Further, the City is hereby authorized to assess a lien <br />of the actual and verified cost of completing the obligations required under this Agreement against <br />the Property. The lien of such assessments shall be superior to all others, and all existing lienholders <br />and mortgagees, by their execution of the subordination or joinder documents, agree to subordinate <br />their liens or mortgages to the City's said liens or assessments. Notice to the Developer and its <br />successors in interest shall be deemed to have been given upon the mailing of notice to the above- <br />mentioned address. <br /> <br />13. Indemnification. The Developer and its assigns and successors in interest shall <br />indemnify and hold harmless the City from and against all claims, demands, disputes, damages, <br />costs, expenses (to include attorneys' fees whether or not litigation is necessary and if necessary, <br />both at trial and on appeal), incurred by the City as a result, directly or indirectly, of the use or <br />development of the property described in Exhibit "A," except those claims or liabilities caused by or <br />arising from the gross negligence of the City, or its employees or agents. <br /> <br />4 <br />