Revised November 2, 2020 Page 3 of 10
ARTICLE IX – FEES
18. The Homeowners Association Fee for each MPDU shall be $ per year.
19. The Condominium Fee for each MPDU shall be $ per year.
20. The Water Connection Fee for each MPDU shall be $ .
21. The Sewer Connection Fee for each MPDU shall be $ .
22. The Front Foot Benefit Charge for each MPDU shall be $ .
23. Residents of an MPDU on the Property shall pay an equal share of homeowners’ association fees or similar costs
as non-MPDU units on the Property.
ARTICLE X – ADDITIONAL AGREEMENTS
24. Simultaneously with the execution of this Agreement by both parties, the Developer shall provide the City with fully
executed originals of the Agreement to Build and the
Declaration that govern all the MPDUs on the Prop
erty.
25.
All deeds transferring an MPDU and/or all leases for the rental of an MPDU shall reference the Agreement to
Build
and the Declaration by liber and folio.
ARTICLE XI – MISCELLANOUS
26. The Developer shall indemnify, defend and hold the City, its elected officials, appointees, directors, employees,
agents, and representatives harmless from all liability that may result from the Developer’s breach of this
Agreement, or its failure to conform to the requirements of Chapter 20.30 of the Code, as may be amended, or its
failure to comply with any other law, regulation or rule that governs the construction, occupancy, sale or lease of
any MPDU.
27. No waiver by the City of a specific breach or default of this Agreement shall be enforceable unless the waiver is in
writing and signed by a person with authority to make the waiver, and any such waiver shall not constitute a waiver
of any other or subsequent breach or default of this Agreement of the same or similar or different nature. No failure
by the City to exercise, and no delay in exercising, any right or remedy permitted by law or pursuant to this
Agreement shall operate as a waiver of such right or remedy.
28. Upon any default or breach of this Agreement by the Developer, the City shall have authority to issue stop work
orders, suspend or revoke any or all building, grading, use and occupancy permits, and any other permits or
approvals issued to the Developer in connection with the Property or any MPDU, and to deny the issuance of all
subsequent permits or approvals, or suspend or revoke subsequent permits or approvals issued in connection with
the Property or any MPDU, and invoke any other enforcement measures authorized by Chapter 20.30 of the Code,
as may be amended, any applicable regulations of the Department, and any other application laws, regulations or
rules.
29. This Agreement shall run with the Property and shall be binding upon the Developer’s successors and assigns.
30. This Agreement shall survive the execution and delivery of all deeds by which the Developer transfers title to the
Property or to any MPDU on the Property, and to all leases by which the Developer rents any MPDU within the
Property, and shall not merge therein.
31. All notices required of the parties shall be sent to at
on
behalf of the Developer and to the Department at 145 Gorman Street, 3rd Floor, Annapolis, Maryland 21401 on
behalf of the City. Except for any notice required to be given by law in another manner, the parties shall give notice
to each other for any matters having to do with this Agreement by sending such notice by regular or certified mail
or by delivering it in person to the address each has designated above, or such other address as they may designate
to the other. The parties may mutually agree that e-mail or fax notice is an acceptable alternative.
32. Nothing contained in this Agreement shall be construed to constitute the Developer as an agent, representative or
employee of the City. Nor shall anything contained in this Agreement be construed in any manner to create any