2018 05-15 CC PACKET - Laserfiche WebLink

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(lj The Developer will use its best efforts to construct the Improvements in accordance with all local, state or federal energy conservation laws or regulations. (g) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and meet, in a timely manner, all requirements.of all applicable local,. state and.federal laws and.regulations which must be obtained or wet before the Improvements may be lawfully constructed. (h) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the .fulfillment. of or compliance with the terms and conditions of this°.Agreement is prevented or limited by, or in conflict with or will result in a breach of the terni.s., conditions or provisions of any evidence of indebtedness, agreement. or instrument of whatever nature to which the. Developer is now a party or by which it is bound; or will constitute a default under any of the foregoing. (1) The Developer: shall prepare a final plat: for City review:and approval; . U) The Developer shall provide to the City, upon execution of this Agreement and prior to the commencement of construction of the Improvemen% proof of financing in an: amount and from a source found sufficient :thy the City to assure the. Developer's ability to construct the improvements contemplated by this Agreement. ARTICLE III Construction Of improvements Section. 3.1. Construction. of Iinnrovements. The Developer will construct the. Improvements on the. Property:in accordance with the approved Construction Plans and at all tunes during the term of this: Agreement will operate. and maintain, preserve and keep the Improvements or cause the Improvements to be operated, maintained, preserved. and . kept in. good. repair and condition. Section 3.2. Construo-Gon Plans. (a) The. Developer shall cause. to be constructed, at his cost, the Required Improvements according to City standards. All of the Required Improvements shall be approved by the City prior to construction and shall be consistent with. approved Plat, the Grading. Drainage and Erosion Control Plan, Tree & Pond. Planting Plan, Landscaping Plan, the Development Utility Plan, and City Resolution. Number 2018-07 and any City resolution associated with final plat: approval granted on April 17, 2018 as well as: any requirements imposed by the City Engineer. A copy of the subdivision plat is attached hereto and. incorporated herein. as Exhibit A. (b) The. Developer shall have no. claim against the City .and its .officers and employees for damages sustained or casts incurred resulting from Plat approval and. development. The Developer agrees to indemnify, defend and. hold harmless the City; its