04-11-2005 Council Packet - Laserfiche WebLink

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(e) The Developer will obtain, in a timely nuinner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and relations which must be obtained or met before the Improvements may be cc nstructed. (f) It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the Owner or Developer. 15. CityReprescBlatioM andCovcnanti.TheCitymakesthe following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carryout its obligations hereunder. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and application of the Developer and will coc^rate with the effort of the Developer to secure thegrantingofanypeimit, license, or other {qiproval required to construct and operate the Improvements; provided, however, that nothing contained in tliis subparagraph shall be construed to limit in any way die reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Property is zoned for purposes which include the Development as proposed. The City has issued all necessary commercial site plan review approvals for the proposed development on the property. Itk Developer's Default DefuiltbydieDeveloperofanyofthetermsofthisagreementshall automaticaUy result in die suqiension or withholding of all permits, licenses, occupancy certificates or odier authorizabons issued by the City in connection with the Property, hi the event of default by the Developer as to any of ihe work to be performed by it hereunder, the City may, at its option, perform the work and the Develrqier shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission toenter the land. When tfaeCity does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part TheremediesafiTordedtodieCityunderthisSectionshallbeinadditiontoany other remedies to which the City may be entitled by law or other agreonent. Default by the City shall entide the Developer to seek injuncdve/mandatoiy relief throu^ the cou*1s, together with other relief as the law may provide. 17. CoMpliance. AtanytimeandfiximtimetotimetheDevelopermayrequestthatUieCity provide the Developer a certificate certifying diat that the terms and provisions of this Agreement have been complied with and diat this PUD Agreement is in full force and effect with respect to the develqiment for thepurpoaeofiacilitatingsale,moitgage,insuranceorothermatter8. To the extent that there be any bona fide defoults in such compliance, the Developer shall be afforded a reasonable time to bring the development into confonnance, and thereaiter the City shall be obligated to provide such certificate. GC-5