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10-08-2001 Council Packet
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10-08-2001 Council Packet
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23. Hold Harmless and InJcmnification: The Developer shall indemnify and hold harmless the <br />City, the City Council, and the agents and emplo>'ees of the City from and against all claims, <br />damages, losses or expenses, including attorney fees, which the City, City Council and agents <br />and employees of the City may suffer or for which it may be held liable, arising out of or <br />resulting from the assertion against them of any claims, debts or obligations in consequence <br />of the performance of this agreement by the Developer, its employees, agents or sub <br />contractors. whether or not caused in part by a party indemnified hereunder. <br />24. Remedy for Default: Default by the Developer of any of the terms of this agreement shall <br />automatically result in the suspension or w ithholding of all permits, licenses, occupancy <br />certificates or other authorizations issued by the City in connection with the property included <br />in this development. The remedies afforded to the City under this Section shall be in addition <br />to any other remedies to which the City may be entitled by law or other agreement. Default <br />by the City shall entitle the Developer to seek injunctive/mandatory relief through the courts, <br />together with other relief as the law may provide. <br />25. Right of l-ntr\'. The Developer hereby grants to the City, its agents and its employees, the <br />right to enter on the property for the specific purpose of constructing or completing any and <br />all ofthe agreed upon lmpro\ ernents should the Developer not complete those Improvements <br />by the date specified in Section 11. <br />26. Controlling Agreement. To the extent lliat there is any difference or ambiguity between this <br />Planned Unit Development Agreement and other agreements between the City and the <br />Developer, this Planned Unit Development Agreement shall control. <br />(The balance of this page intentionally left blank) <br />Page 14 of 17
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