Page 173 - 2018 Village Ordinance Book 122818

Agreement, other assurance or through such other means as the Village, in the Village’s sole
discretion, deems appropriate. This indemnity shall not include liability for the negligence,
fraud, or willful acts of the Village or its agents.

VI. MISCELLANEOUS

A. SUCCESSORS AND ASSIGNMENT.

This Agreement is binding upon and enforceable against the permitted successors and
assigns of the Parties. The Village may assign its interest in this Agreement to any successor
municipality or municipalities established under Wisconsin law with jurisdiction over part or all
of the area now occupied by the Village. Developer may assign its interests under this
Agreement with the prior written consent of the Village, which consent shall not be
unreasonably withheld, conditioned or delayed.

B. AGREEMENT RUNS WITH THE LAND.

This Agreement shall be binding upon all owners of the Property, and their successors in
title or assigns, and the provisions hereof shall be covenants running with the land. The Village
shall cause a copy of this Agreement to be recorded against the title to the Property in the Racine
County Register of Deeds Office.

C. DEVELOPER DEFAULT.

In the event Developer fails to timely perform any one or more of its obligations under
this Agreement (a "Developer Default"), the Village shall promptly provide written notice to
Developer to the extent known by the Village of the action or omission constituting the basis for
the default. The notice shall provide Developer at least twenty (20) days from the date of the
notice to cure any payment default and, except as may be specifically provided in this
Agreement, at least sixty (60) days to cure any other default not related to a payment obligation.
However, the sixty (60) day period may be extended to the period of time reasonably necessary
to cure the default if Developer promptly commences activities to cure the default and in good
faith diligently pursues such activities to fully cure the default. In the event a Developer Default
is not fully and timely cured by Developer, the Village shall have all of the rights and remedies
available at law and in equity. If, in the event of an uncured Developer Default, the Village fails
to exercise any remedy available to it, such failure shall not constitute a waiver of such
Developer Default nor of the Village's right to take further action with respect to such Developer
Default or any other Developer Default.

D. VILLAGE DEFAULT.

In the event the Village fails to timely perform any one or more of its obligations under
this Agreement (a "Village Default"), Developer shall promptly provide written notice to the
Village to the extent known by Developer of the action or omission constituting the basis for the
Village Default. The notice shall provide the Village at least twenty (20) days from the date of

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