Reso 2010-1658 - Laserfiche WebLink

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10.18 Independent Contractor. In the performance of this Agreement, the Developer will be acting in the capacity of an independent contractor and not as an agent, employee, partner, developer or association of the City. The Developer and builders, if any, employees or agents shall be solely responsible for the means, method, technique, sequences and procedures utilized by the Developer in the performance of this Agreement. 10.19 Non-merger. None of the terms, covenants, agreements or conditions set forth in this Agreement shall be deemed to be merged with any deed conveying title to the lots in the Project Site. This Agreement is intended to supersede the Letter of Understanding between the City and Developer dated July 14,2010. 10.20 Not A General Obligation. Neither this Agreement nor the obligations imposed upon the City hereunder shall be or constitute an indebtedness or general obligation of the City within the meaning of any constitutional, statutory or charter provisions requiring the City to levy ad valorem taxes nor a lien upon any properties of the City. 10.21 Agreement Not a Development Agreement or Order. This Agreement is not, and shall not be construed to be, a development agreement as that term is defined by Section 163.3220, Florida Statutes, et seq. and none of the provisions of Florida law applicable to development agreements pursuant to that statute or related statutes shall apply to this Agreement. No permit or order issued pursuant to, or affected by, this Agreement shall be deemed to be a development permit or development order as those terms are defined in Chapter 380, Florida Statutes, or Chapter 163, Part 11, Florida Statutes. 10.22 Parties to Agreement. This is an agreement solely among the City and the Developer. The execution and delivery hereof shall not be deemed to confer any rights or privileges on any person not a party hereto other than the successors or assigns of the City or the Developer. 1 0.24 Venue: Applicable Law. All legal actions arising out of or connected with this Agreement must be instituted in the Circuit Court of Miami-Dade County, Florida, or United States District Court for the Southern District of Florida. The laws of the State of Florida shall govern the interpretation and enforcement of this Agreement. 10.25 Agreement to be Recorded. A memorandum of this Development Agreement in a form acceptable to the City and the Developer shall be recorded in the Public Records of Miami-Dade County, Florida, and constitutes a covenant running with the land and shall be binding on any successors and assigns of the parties hereto. [SIGNATURES ON FOLLOWING PAGE] 13