PUD #3 agreement-2005 - Laserfiche WebLink

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20. Incorporation by Reference: Al,l plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fizlly as if set aut herein in full. 21. Disclaimer by Ciiv: It is understood and agreed �at the City, the City Council, and the agents and employees of the City sha11 not be personally Iiable or responsible in any manner to the Developer or Developer's contractors, subcontractors, materialmen,laborers, or any other person,firm or corporation,for any debt,cla;im, demand,damages, actions, or causes of action of an.y kind or charactez, arising out of or by reason of the execution of this agreement or the performance an.d completion of the Improvements. 22. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City,the City Council,and the agents and employees of tk�.e City from and against all claims, damages,losses or expenses,including attorney fees,which the City,City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims,debts or obliga.tions in consequence of the performance of this agreement by the Developer, its employees, agents or sub- contractors,whether or not caused in part by a party indemnified hereunder. 23. Remedv for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of a11 permits, licenses, occupancy certxficates orother authorizations zssuedbythe Ciryin connectionwith thepropertyincluded in this development.The remedies afforded to the City under this Section shall be in addition to any other remedies ta which the City may be entitled by law or other agreement. Default by the City shali entitle the Developer to seek injunctive/mandatory relief t,�uough the courts, together with other relief as the law may provide, 24. Ri h�t of Bntrx, 'The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing ar completing any and all of the agreed upon Improvements should tl�e Developer not complete those Improvements by the date specif ed in Section 11. 25. Controlling A�reement. To the extent that there is any diffexen.ce or ambiguity betwean this Planned Unit Development Agreeznent and other agreements between the City and the Developer,this Planned Unit Deveiopment Agreernent shall control. Developer Initial� City Clerk Initia.l�,,Q ,! Page 9 of 12