05-1564 Hartman Utility Commit. - Laserfiche WebLink

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of Seminole County, Florida. This Agreement does not, and is not intended to prevent or impede the City from exercising its legislative authority as the same may affect the Property. 11. Compliance with Laws. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, term or restriction. 12. Obliaations. Should the Developer fail to undertake and complete its obligation as described in this Agreement to the City's specifications, then the City shall give the Developer thirty (30) days written notice to commence and ninety (90) days to complete said required obligation. If the Developer fails to complete the obligations within the ninety (90) day period then the City, withoutfurther notice to the Developer, may without prejudice to any other rights or remedies it may have, perform any and all of the obligations described in this Agreement. Further, the City is hereby authorized to assess the actual and verified cost of completing the obligations required under this Agreement against the Property. The lien of such assessments shall be superior to all others, and all existing lienholders and mortgagees, by their execution of the subordination or joinder documents, agree to subordinate their liens or mortgages to the City's said liens or assessments. Notice to the Developer and its successors in interest shall be deemed to have been given upon the mailing of notice to the above-mentioned address. 13. Indemnification. The Developer and ijs assigns and successors in interest shall indemnify and hold harmless the City from and against all claims, demands, disputes, damages, costs, expenses (to include attorneys' fees whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred by the City as a result, directly or indirectly, of the use or development of the property described in Exhibit "A," except those claims or liabilities caused by or arising from the gross negligence of the City, or its employees or agents. It is specifically understood that the City is not guaranteeing the appropriateness, efficiency, quality or legality of the use or development of the Property, including, but not limited to, drainage or sewer plans, fire safety, or quality of construction, whether or not inspected, approved or permitted by the City. 14. Further Assurances. Each party hereto agrees to sign any other and further instruments and documents, consistent herewith, as may be necessary and proper in order to give complete effect to the benefits deriving from the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have each caused these presents to be executed by its undersigned officer thereunto duly authorized as of the day and year first above written. Signed, sealed and delivered in the presence of the following witnesses: ~IYJ~ Signature .-u, /l):jJh . / PriN::;Ir::;:;~5ðA/ Signature ---.. '. Print Name: 1)0 n (j.1. &. G ,:u&~ . "CITY" By: Name: Its: 4