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04-28-2003 Council Packet
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04-28-2003 Council Packet
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E. Developer Reprcseptatlona and Covenants . <br />The Developer hereby makes the following representations and covenants: <br />(a) The Developer has the legal authority and power to enter into this Agreement. <br />(b) The Developer reasonably expects to obtain financial resources sufficient to enable <br />the completion of the Improvements. <br />The Developer will, subject to the requirements of Section D - Installation and <br />Maintenance of Improvements hereof, construct, operate and maintain the <br />Improvements in accordance with the terms of this Agreement and all local, state and <br />federal laws and regulations, and will construct or pay the costs of construction of <br />any site improvements, utilities, landscaping, stormwater management facilities, <br />roads, parking facilities which are necessary in connection with the construction and <br />such improvements. <br />At such time or times as may be required by law, the Developer will have complied <br />with all local, state and federal environmental reviews, licenses, and will be in <br />compliance with the requirements of federal, state, and local authority. <br />The Developer will obtain, in a timely manner, all required permits, licenses and <br />approvals, and will meet, in a timely manner, all requirements of all local, state, and <br />federal laws and regulations which must be obtained or met before the Improvements <br />may be constructed. <br />(0 It is intended and agreed that the covenants provided in this Section shall be <br />covenants running with the land not the owner or developer. <br />F. City Representations and Covenants. <br />The City makes the following representations as the basis for the undertaking on its part here in <br />contained: <br />(a) The City is authorized by law to enter into this Agreement and to carry out its <br />obligations hereunder. <br />The City will, in a timely manner, subject to all notification requirements, review and <br />act upon all submittals and application of the Developer and will cooperate with the <br />effort of the Developer to secure the granting of any permit, license, or other approval <br />Developer Initial _____ <br />City Clerk Initial _____ <br />Page 13 of 18
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