Agenda - Council - 07/12/2016 - Laserfiche WebLink

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15.4 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. If any agreement contained in this Master Agreement is breached by the Developer and thereafter waived in writing by the City, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breaches hereunder. 15.5 EXCLUSIVE REMEDIES. The remedies set forth in Sections 15.1, 15.2 and 15.3 are exclusive. 15.6 EMERGENCY. If Developer's default creates an imminent threat to life, safety, or health of the public, the City, without affirmative duty to do so, may proceed immediately to cure the default and thereafter proceed pursuant to the provisions of Section 15.1(e). 15.7 AGREEMENT TO PAY ATTORNEYS' FEES AND EXPENSES. Whenever any default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City, unless the Developer prevails in any proceeding related to such default, in which event the City agrees, on demand therefor, to pay to the Developer the reasonable fees of attorneys and other expenses incurred by the Developer. If the City defaults under this Master Agreement, the City shall, on demand therefor, pay to the Developer the reasonable attorneys' fees and other expenses related thereto incurred by the Developer, unless the City prevails in any proceeding related to such default, in which event the Developer agrees, on demand therefor, to pay to the City the reasonable fees of attorneys and other expenses incurred by the City. ARTICLE 16 MISCELLANEOUS 16.1 NO THIRD PARTY RECOURSE OR RIGHTS. Third parties shall have no recourse or rights under this Master Agreement against the City or the Developer. 16.2 CITY OWNED PROPERTY. The City's execution of this Master Agreement is also intended to subject the City Property to the terms of this Master Agreement. 16.3 RECORDING. The Developer must record this Master Agreement or a memorandum summary hereof with the County Recorder and/or Registrar of Titles, as appropriate, prior to or contemporaneously with the recording of the Master Final Plat. The City shall execute any and all documents necessary to implement the recording. 16.4 BINDING AGREEMENT. The parties mutually recognize and agree that, subject to Section 14, all terms and conditions of this Master Agreement shall run with the Subject Property, and shall be binding upon the successors and assigns of the Developer and the City. 16.5 WAIVER. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Master Agreement which inaccuracies would otherwise constitute a breach of this Master Agreement, waive compliance by another with any of the covenants contained in this Master 1555730v13 40