2019 09-17 CC PACKET - Laserfiche WebLink

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G. CUP COMPLIANCE. To DEVELOPER'S knowledge, the CUP and the DEVELOPMENT PLANS comply with all CITY, COUNTY, metropo I itan, state,. and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances,.and environmental regulations.. CUP compliance shall include compliance. with variances that have been granted by the CITY as part ofthe development approval. process. H. WARRANTY ON PROPER WORK AND MATERIALS: The DEVELOPER warrants all work required to be performed by it. under this DEVELOPMENT CONTRACT against defective material and faulty workmanship for a period of two (2) years :after its completion and .acceptance by the CITY. The. DEVELOPER shall be solely responsible for all costs of performing. repair work. required by the CITY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free far one year after planting. Any replacements shall be similarly warranted for one year from the time of planting. The warranty period: for street and drainage and erosion. control improvements shall be for two (2) years after completion and acceptance by the City; the warranty for the street, drainage, and erosion control improvements. shall also include the obligation. of the DEVELOPER to repair and. correct any damage to or :deficiency With respect to such improvements. I: OBTAINING PERMITS. The DEVELOPER shall. obtain in a timely manner and pay for all required permits, licenses, and approvals, and shall meet, in a timely manner, all requirements of all applicable; local, state, and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed.. 1.20 OWNER WARRANTIES. "OWNER. WARRANTIES" means that the OWNER hereby warrants and represents the following; A. AUTHORITY. OWNER has the right, power, legal capacity, and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any.persons arenecessary in connection with the authority of OWNER to enter into and perform its obligations under this DEVELOPMENT` CONTRACT, B. NO DEFAULT.. OWNER is not in default under any lease, contract,. or agreement to which it is a party or by which it is bound which would. affect. performance under this DEVELOPMENT CONTRACT. OWNER. is not a party to or bound by any mortgage,: lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this. DEVELOPMENT CONTRACT by OWNER or prohibit any of the transactions provided for in this DEVELOPMENT CONTRACT. C. PRESENT COMPLIANCE WITH LAWS. OWNER has complied with and J.Shotin violation .of applicable federal, state, or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning;. environmental, or other law, ordinance or regulation affecting the CUP and the