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<br />3. made any representation in this Agreement or in the application to the City for <br />infill development incentives that is false or misleading in any material respect; or <br />4. allows ad valorem taxes on the Property owed to the City to become delinquent <br />and fails to timely and properly protest or contest the taxes. <br /> <br />B. If the City Manager determines that the Developer is in default of this Agreement, the City <br />Manager will notify the Developer in writing, and if the default is not cured within 30 days of the <br />date of the notice (the "Cure Period"), then the City Manager may terminate this Agreement. No <br />cure is allowed for defaults involving the failure to pay ad valorem taxes on the Property. <br />C. If this Agreement is terminated under this Section, then the Developer will pay to the City <br />the total amount of the Fee Waiver within 30 days of the date of the termination. The City may <br />record a lien against the Property for any portion of these amounts that remains unpaid after that date. <br />SECTION 5. ASSIGNMENT <br /> <br />A. This Agreement may be assigned by the Developer to a new owner of the Property with <br />the written conSent of the City Council. An assignment will not be approved if the Developer or the <br />new owner are indebted to the City for ad valorem taxes or other obligations. <br />B. The new owner will assume all the duties and obligations of the Developer under this <br />Agreement. <br /> <br />SECTION 6. INDEMNITY <br /> <br />It is understood and agreed between the parties that the City and the Developer are acting <br />independently and not as a partnership or joint venture in executing and performing this Agreement, <br />and the City assumes no responsibilities or liabilities in connection with this Agreement to third <br />parties, and the Developer agrees to indemnify, defend and hold the City harmless from any such <br />liabilities. <br /> <br />SECTION 7. MISCELLANEOUS <br /> <br />A. All notices called for or required by this Agreement will be delivered to the following <br /> <br />address by certified mail: <br /> <br />DEVELOPER: <br />Roger Rheinheimer <br />351 Bluff View Road <br />Wimberley, TX 78676 <br /> <br />C:\TEMP\Rheinheimer intill Kl.doc <br /> <br />3 <br />