CCP 09-23-2014 - Laserfiche WebLink

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after written notice from City or such longer period of time as may be reasonably necessary to cure such default, the City may, at its option, perform the work and APi shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part against all or any part of the Subject Property that is benefited by the work. 15. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Contract by APi shall be grounds for, among other things, denial or revocation of building permits, including lots sold to third parties, and denial or revocation of a certificate of occupancy. C. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. E. This Agreement shall run with the land and may be recorded against the title to the Subject Property. APi warrants that it has obtained consents to this Agreement, in the form attached hereto, from API's lender(s); that there are no unrecorded interests in the Subject Property which have not previously been disclosed to the City; and that APi will indemnify and hold the City harmless for any breach of the foregoing covenants. F. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right/ power or remedy. G. APi may not assign this Agreement without the written permission of the City Council. APi's obligation hereunder shall continue in full force and effect even if APi sells one or more lots, the entire plat, or any part of it. H. In the event either party retains an attorney to enforce the terms of this Agreement, the prevailing party shall, in addition to all other relief granted or awarded by the G