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Book 9182 Pagge 711 <br />Instrument# 2Q18087497 <br />Longwood, FL 32750 <br />CITY'S Community Development Director <br />REPRESENTATIVES: City of Casselberry <br />95 Triplet Lake Drive <br />Casselberry, Florida 32707-3399 <br />Should any party or any party's address identified above change, it shall be said <br />party's obligation to notify the remaining parties of the change as required for notices <br />herein. <br />11. COMPLIANCE WITH LAWS. Developer agrees that the City reserves all <br />police powers, and this Agreement is not to be'construed as the City bargaining away <br />its police powers. Nothing in this Agreement limits the City's authority to grant or deny <br />any development permit applications or requests subsequent to the Effective Date. This <br />Agreement does not constitute a land use approval, and the City's approval of this <br />Agreement does not confer vested rights to develop the Project in accordance with the <br />Conceptual Plan. The failure of this Agreement to address a particular permit, condition, <br />term or restriction shall not relieve Developer of the necessity of complying with the law <br />governing said permitting requirements, conditions, term or restriction. The City <br />reserves the right to withhold or terminate any and all certificates of occupancy or <br />permits if Developer is in breach of this Agreement. <br />12. THIRD -PARTY BENEFICIARIES. The provisions of this Development <br />Agreement are for the exclusive benefit of the parties and not for the benefit of any third <br />person, nor shall this Agreement be deemed to have conferred any rights, express or <br />Implied, upon any third person unless otherwise expressly provided for. <br />13. The cost of defending this Development Agreement from a third -party <br />challenge, in any form, shall be borne by the Developer. <br />14. SPECIFIC PERFORMANCE. Strict compliance shall be required with <br />each and every provision of this Agreement. The Developer acknowledges and agrees <br />that the City shall have the right to seek .specific performance of the Developer's <br />obligations. The Developer acknowledges receipt of separate and attendant <br />consideration, including, but not limited to, the receipt of ten ($10.00), which Developer <br />agrees is adequate and sufficient. <br />15. SUBORDINATION/JOINDER. Unless otherwise agreed to by the City, all <br />liens, mortgages and other encumbrances not satisfied or released of record, must be <br />subordinated to the terms of this Agreement or the lienholder must join in this <br />Agreement.! It shall be the responsibility of the Developer to promptly obtain the said <br />subordination or joinder, in form and substance acceptable to the City Attorney, prior to <br />the City's execution of the Agreement. <br />16. APPLICABLE LAWS AND VENUE. This Agreement shall be governed by <br />and interpreted according to the laws of the State of Florida. The venue for any action <br />Page 5 <br />