17-2943 North/South Sidewalk Reimb Agmnt with Casselberry Ventures

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Boca Raton, Florida 33434 Should any party identified above change, it shall be said party's obligation to notify the remaining parties of the change in a fashion as is required for notices herein. 18. Intentionally Deleted. 19. Binding Effect. This Agreement shall not run with the land, but shall be personal to Developer (and its assigns), and the CRA/City (and their assigns). 20. Counterparts. This Agreement may be executed ill any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. 21. Thud -Party Beneficiaries. The provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 22. Specific Performance. In the event the Developer breaches any of the material terms or conditions of this Agreement, which breach continues for at least thirty (30) days after written notice is received by Developer, the City reserves the right to seek equitable relief and all other remedies as available to it under applicable law, including, but not limited to, repayment of the Reimbursement Amount, or any portion thereof. Both parties have the right to seek specific performance of the Developer's obligations contained in this Agreement. The parties agree that the obligations contained in this Agreement shall be binding and enforceable regardless of the completion or default of the other covenants or provisions in this Agreement and that the provisions of this Agreement will be enforceable by specific performance, together with and in addition to any other remedy provided by law. The Developer acknowledges receipt of separate and attendant consideration including but not limited to the receipt of ten ($10.00), which Developer agrees is adequate and sufficient. 23. Authority. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement and it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. 24. No Joint Venture. Neither anything in this Agreement nor any acts of the parties to this Agreement shall be construed by the parties or any third person to create the relationship of a partnership or joint venture between or among such parties. 25. Liens. Developer shall never, under any circumstances, have the power to subject the City Property to any mechanic's or materialman lien. 26. Non -Appropriation. The obligations of the CRA as to any funding required pursuant to this Agreement shall be limited to the obligation in any given year to budget and appropriate from legally available funds, after monies for essential CRA services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Notwithstanding the foregoing, CRA shall not be prohibited from pledging any legally available 7 48334750-5982.722484/0281