|
herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and
<br />recorded release of the lien to Owner.
<br />
<br />3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the promises,
<br />covenants and conditions of this Agreement and all liens against the Property subject to this Agreement
<br />shall, as provided i n Government Code section 66007, run with the Property and shall be binding upon a
<br />party having or acquiring nay right, title or interest in or to the Property or any portion thereof.
<br />
<br />3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify
<br />City in writing within three (3) business days of the sale or transfer of all or any portion of the Property
<br />by Owner.
<br />
<br />3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this
<br />Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the
<br />Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this
<br />contractual obligation.
<br />
<br />3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be
<br />construed to be, and approval or a granting of any right or entitlement (vested or otherwise) by City
<br />concerning any development on the Property, or any other project, development or other construction by
<br />Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from
<br />paying any fees for any entitlements, permits, licenses or other approvals that may be required by the City
<br />or other public entity with jurisdiction over the Property at the time required by the City or other public
<br />entity with jurisdiction over the Property, or any other project development or other construction by
<br />Owner, This Agreement does not, and shall not be construed to, exempt Owner from any requirement to
<br />obtain permits or other discretionary or non-discretionary approvals as may be necessary for the
<br />development, maintenance or operation of the development on the Property or any other project,
<br />development or other construction by Owner within the City. This Agreement does not, and shall not be
<br />construed to, exempt Owner or the Property from the application or exercise of the City’s or any of it
<br />related agencies’ power of eminent domain or its police powers, including, but not limited to, the
<br />regulation of land uses, and the taking of any actions necessary to protect the health safety and welfare.
<br />
<br />3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this
<br />Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively,
<br />together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The
<br />City’s failure to exercise any such right or remedy shall in no event be construed as a waiver or release of
<br />such rights or remedies, or of the right to exercise them at any later time.
<br />
<br />3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its
<br />elected officials, officers, agents and employees from and against all claims, demands, costs, damages,
<br />liabilities and obligations of any kind or nature arising out of the deferral provided by the City to Owner,
<br />this Agreement, or both, including without limitation all costs of collection, including actual attorneys’
<br />and expert witness fees.
<br />
<br />3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part,
<br />without the prior written consent of the City, which may be given, withheld or conditioned in the City’s
<br />sole and absolute discretion. Any attempt to assign this Agreement wit hout the City’s prior written
|