06-1638 Annexation Agreements - Laserfiche WebLink

Home Browse Search

necessary or appropriate for the installation and maintenance of the City's utility services, including, but not limited to sewer, water and reclaimed water services. 15. Oblioations. Should the Owner/Developer fail to undertake and complete its obligations as described in this Agreement then the City shall give the OwnerIDeveloper fifteen (15) days written notice to commence and ninety (90) days to complete said obligations, or at the election of the City, the Owner/Developer shall pay to the City the amount determined by the City to be necessary to cover the City's expenses in performing the obligations within the above-mentioned time limit. Upon completion of the Owner/Developer's obligations by the City, the City shall certify the actual expense incurred by the City and shall refund any excess or the Owner/Developer shall pay to the City any shortfall. If the OwnerlDeveloper fails to complete the obligations within the ninety (90) day period or pay to the City the amount determined by the City necessary to cover the City's expenses, then the City, after ten (10) days written notice to the OwnerIDeveloper or its or its successors in interest, may without prejudice to any other rights or remedies it may have, perform any and all obligations described in this Agreement. Further, the City is hereby authorized to assess the cost of completing the obligations required under this Agreement against the property described in Paragraph 1 above. The lien of such assessments shall be superior to all others, and all existing lien holders and mortgagees, by their execution of the subordination documents, agree to subordinate their liens or mortgages to the City's said liens or assessments. Notice to the OwnerIDeveloper and its successors in interest shall be deemed to have been given upon the mailing of notice to the above-mentioned address. 16. Comoliance. The City may, after thirty (30) days written notice and without prejudice to any other legal or equitable right or remedy it may have, withhold permits, certificates of occupancy or approvals, and may terminate sewer and/or water services to the Subject Property should the Owner/Developer fail to comply with the terms of this Agreement. 17. Enforcement. In the event that enforcement of this Agreement by the City becomes necessary, and the City is successful in such enforcement, the Owner/Developer shall be responsible for all costs and expenses, including attorneys' fees, whether or not litigation is necessary, and if necessary, both at trial and on appeal, incurred in enforcing or ensuring compliance with the terms and conditions of this Agreement. 18. Indemnification. The OwnerIDeveloper shall indemnify and hold harmless the City from and against all claims, demands, disputes, damages, costs, expenses (to include attorneys' fees whether or Annexation Agreement Commercial and/or Residential Properties (greater than 1 unit) Page 5