Payment of Assessment/Default. The Owner hereby freely and willingly agrees to pay the Assessment pursuant to the terms of this Agreement and acknowledges that the failure to pay the Assessment will cause a tax certificate to be issued against the Property, which may result in a loss of title in accordance with Section 197.3632, Fla. Stat.
Payment of Assessment/Default. Xxxxxxx hereby freely and willingly agrees to pay the Assessment pursuant to the terms of this Agreement and acknowledges that the failure to pay the Assessment will cause a tax certificate to be issued against the Parcels BPP1 and BPP2 of the Property, which may result in a loss of title in accordance with Section 197.3632, Florida Statutes. Xxxxxxx recognizes that the County has pledged payment of the financing with a lender for which any default can result in interest and penalties against the County. Xxxxxxx agrees that should its payment be delinquent following January 1 of any year, the County may pursue suit in the Seventh Judicial Circuit Court in and for Flagler County to compel LRA and HBPOA to pay their respective shares of the Assessment due and to assess its members the amounts necessary to discharge that responsibility. For this purpose, Xxxxxxx consents to the County pursuing an injunction to compel payment without the necessity of posting any bond. Further, Xxxxxxx agrees that it shall be liable for reasonable costs incurred by the County including reasonable attorneys and paralegal fees and reasonable costs, whether incurred in negotiations, at trial or on appeal. Xxxxxxx also agrees to pay reasonable consequential costs such as late interest at the rate prescribed in the financing instruments, in addition to the statutory interest for late payment of an Assessment to the Tax Collector. Xxxxxxx agrees that the case fees and reasonable costs and reasonable consequential financing costs shall be recoverable. The purpose of the foregoing provisions is to facilitate strict compliance with the Assessment payment due dates such that the County’s pro rata cost allocation remains properly stated and such that the Property not be subject to a tax certificate. There can be no set off against the Assessment due the County for any reason or purpose, however this provision shall not in way preclude other parties for paying portions of such Assessments as contemplated herein. Absent a default by Xxxxxxx, the County agrees that Xxxxxxx’x financial obligation for the Dune construction shall remain fixed.
