04-12-2004 Council Packet - Laserfiche WebLink

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16. The Developer has the legal authority and power to enter into this Agreement. 'fhe Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. The Developer will, subject to the requirements of Section B - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessary in connection with the construction and such improvements. 17. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, 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 may be constru- ted. It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. City Representations and Covenants: The City makes the 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 carry out its obligations hereunder. The City will, in a timely maimer, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the 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. Tlie City has issued all necessary commercial site plan review approvals for the proposed development on the property. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and Page 6 of 10 J