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06-14-2004 Council Packet
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06-14-2004 Council Packet
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(d) At such time or times as maybe required by law, the Developer will have complied with <br />all local, state and federal environmental reviews, licenses, and will be in compliance with <br />the requirements of federal, state, and local authority. <br />(e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, <br />and will meet, in a timely maimer, all requirements of all local, state, and federal laws and <br />regulations which must be obtained or met before the Improvements may be constructed. <br />(f) It is intended and agreed that the covenants provided in this Section shall be covenants <br />running with the land not the owner or developer. <br />17. City Representations and Covenants: The City makes the following representations as the <br />basis for the undertaking on its part here in contained: <br />(a) The City is authorized by law to enter into this Agreement and to carryout its obligations <br />hereunder. <br />(b) The City will, in a timely manner, subject to all notification requirements, review and act <br />upon all submittals and application of the Developer and will cooperate with the effort of <br />the Developer to secure the granting of any permit, bcense, or other approval required to <br />constmct and operate the Improvements; provided, however, that nothing contained in this <br />subparagraph shall be construed to limit in any way the reasonable and legitimate exercise <br />of the City’s discretion in considering any submittal or application. <br />(c) The Property is zoned for purposes which include the Development as proposed. The <br />City has issued all necessary commercial site plan review approvals for the proposed <br />development on the property. <br />D. Administration <br />18. Compliance. At any time and from time to time the Developer may request that the City <br />provide the Developer a certificate certifying that the terms and provisions of this Agreement have <br />been complied with and that this PUD Agreement is in full force and effect with respect to the <br />development for the purpose of facilitating sale, mortgage, insurance or other maners. To the extent <br />that there be any bona fide defaults in such compliance, the Developer shall be afforded a <br />reasonable time to bring the development into conformance, and thereafter the City shall be <br />obligated to provide such certificate. <br />Pages of 12 <br />Developer Initial, <br />City Clerk Initial.
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