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

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DEVELOPMENT AGREEMENT- WINDEMERE WOODS pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay Defore delinquency all rea] estate taxes assessed against the Subject Property. The Developer acknowledges that this obligation creates a contractual right on behalf of the City to sue the Developer or its successors and a.~signs, including purchasers of lots in the Plat, to collect delinquent real estate 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 A~reement 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 all 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. Inv~idity of Any 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. Binding 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 Develc}per shall be grounds for denial of Building Permits for buildings in the Plat. 35. No Additional Waiver I.mplied by 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 '~o waive any other concurrent, previous or subsequent breach hereunder. 36. Conflict of Interests: ReDresentatives 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 shah voluntarily have a personal financial /75' I I I ! ! I' I I I I I I I I I i I