Resolution No. 4526 - Laserfiche WebLink

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,. ,- , r.' .. - . I in proportion to their respective interests, the amount of City ad valorem real property taxes paid after annexation above the levels allowed under the tax differential set forth in Paragraph 4. In addition, the provisions of Paragraph 4.4 apply if the City refuses to allow the required tax differential. 12.2.2 Failure to Obtain and Maintain Parkinq Lot and Sidewalk Improvements Policy Chanqes. In the event the City fails to obtain the policy changes for parking lot and sidewalk improvements as required under Paragraph 6.1, Property Owner may rescind this Agreement after providing 30 days written notice to the city. Unless such policy changes are obtained within that time, all of the Property Owner's rights and obligations under this Agreemen~ shall cease without further act of the Property Owner. \ 13. Attorney Fees. In the event of any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the losing party, in addition to costs' and disbursements, reasonable attorney fees incurred in the proceeding, as set by the court, at trial, on appeal, or upon review. 14. Inteqration. This Agreement embodies the entire agreement of the parties with respect to this subject matter. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all. prior communications, representations, or agreements, either oral or written, between the parties. 15. Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Oregon. The parties. to this Agreement do not intend to confer on any third party any rights under this Agreement. 16. Jurisdiction and Venue. All actions relating to this Agreement shall be tried before the courts of the state of Oregon to the exclusion of all other courts which might have jurisdiction apart from this provision. Venue in any action shall lie in the Circuit Court of Lan~ County, Oregon. 17. Warranty of Title. Property Owner warrants that Property Owner is the exclusive owner of the Property. As used herein, "owner" means the legal owner of record, or where there is a recorded land contract, or memorandum thereof, which is in force, the purchaser thereunder. 18. Number, Gender and Caption. As used herein, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine and neuter, as the context required. All captions used herein are Annexation and Urban Services Agreement - Page 8