Agenda - Council - 05/14/1991 - Laserfiche WebLink

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DEVELOPMENT AGREEMENT - CHESTNUT HILLS taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the City shall also be entitled to recover its costs, expenses and reasonable attorneys' fees. IX. ADDITIONAL PROVISIONS 30. City Code Incorporated. Provisions of the City Charter, Subdivision Code, Zoning Code and Public Improvement Code of the City as amended to date hereof, are incorporated in this Agreement by reference. 31. Agreement Recorded. The Developer agrees that the City will record this Agreement in the office of the Anoka County Recorder, and acknowledges that the terms and provisions of this Agreement shall be a covenant on any and all deeds relating to the Subject Property, including all property within the Plat. 32. Reimbursement to the City. The Developer agrees to reimburse the City for alt costs incurred by the City in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney fees. 33. Invalidity of An~, Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Agreement. 34. Bindin~ Agreement. The Developer agrees that this Development Agreement shall be binding upon its successors and assigns. Breach of any of the terms of this Development Agreement by the Developer shall be grounds for denial of Building Permits for buildings in the Plat. 35. No Additional Waiver Implied bv One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the. other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 36. Conflict of Interests; Representatives Not Individually Liable. No City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement.