03-14-2005 Council Packet - Laserfiche WebLink

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and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements maybe constructed. (0 It is intended and agreed that the covenants provided in this Section sliall be covenants rutining with the land not the Owner or Developer. 1 5. City Representations and Covenants. 1'he City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authori/ed by law to enter into this Agrecinent and to cany out its obligations hereunder. (b) Tlie City will, in a timely manner, subject to all itotidcation ru|uireinents, review and act upon submittals and application oftlie Developer and will cooperate with the efTort of the Developer to secure the granting ofanypennit, license, or other approval required to construct and operate the impmvements; providal, however, that nothing contained in tliis subparagra|)h shall heconstnied to limit in any way the reasonable and legitimate exercise of the City ’s di.scretion in considering any submittal or <ipplicution. (c) The Property is zoned for purposes which include the Development as proposed, fhe City has issued all necessary coimnercial site plan review approvals for tlic proposed development on the property. 16. Developer's Default. Default by the Developer oriuiyoftbelemisofthisaigreement shall automatically result in the suspension orwithhuldingofallpennits, licen.ses,occupiuicycei1incutesurotber authorizations issued by the City in connection with the Property. In tlie event of default by the Developer as to any of the work to be perfoi ined by it hereunder, the City may, at its option, perform the work and the Developer .shall promptly reimbur.se the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not le.ss than four (4) days in ailvance. ThisC^ontract is a liccn.se for the City to act, and it shall not be necessary for the C’ity to .seek a Court order for iiemii.ssion to enter the huid. When theCity docs any such work, thef’ity may, in adilition to its other lemedies, a.s.scss the cost in whole or in part. The remctlies afforded to the City under tliis .Section shall be in addition to any other remeilies to which the ( hty may be entitled by law or other agreement. Default by the City shall entitle the I)evelo|KT to.seek injunctivc/maiulatoiy relief Ibrougb the courts, together with other relicfas the law may piovide. 1 7. < 'omplhincc. At any time and Irom time to time the Developer may request that the ('ity provide the I )evelo|)er a cetli ficale certifying that that the temis and provisions ofthis Agreement have beai complied with and that this PI II) Agreement is in lull force and elTect with respect to the development for tbepuiiHi.seoffacilitatmg.sale. mortgage, insurance oi other malteis. To the extent that there lie any Ixma lidc defaults in such compliance, the Developer shall be afforded a rea.sonablc time to bring the development into conformance, and thcrcancr the City shall be obligated to provide such certificate CC-5