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2022 05-17 CC PACKET
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2022 05-17 CC PACKET
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1/8/2026 8:06:06 AM
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1/8/2026 7:57:55 AM
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Administration
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ADM 05000
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CITY COUNCIL PACKETS
Destruction
PERMANENT
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be furnished by DEVELOPER contains any untrue statement.of material factor omit any <br />material faetthetimission ofwhich. would..be-misleading. <br />G. CUP.COMPLIANCE, To DEVELOPER'S knowledge, the.CUP and the <br />DEVELOPMENT PT;ANS comply with all Cl1"I'', COUNTY, metropolitan, state, and <br />federal laws -and regulations, includitâ–ºg but not limited to; subdivision ordinarices,.zoning <br />ordinances; and environmental regulations. CUP compliance shall include compliance -with <br />variances that have been granted by the CITY aspartbfthedevelopment approvr l process.. <br />H. WARRANTY ON PROPER WORK AND MATEAL2 14. The <br />DIEVELOPER warrants all work required to be performed by it tinder this <br />DEVELOPMENT CONTRACT against. defective material and faulty workmanship for a <br />period of two. (2) years 4fter- its completion and acceptance *by the CITY. The' <br />DEVELOPER shall be solely-cesponsible for all costs of.perfbrming repair Work required <br />by the CITY within thirty. (39) day±s of -notification. All trees, grass, and sod shall: be. <br />warranted to be alive, of good quality, and disease free for one year after planting. My. <br />replacements shall be similarly warranted for one year from the time of planting. The <br />warranty period for street and drainage and erosion control Improvements shall be fortwo <br />(2) years after completion and acceptance by the City; the warranty for the street, drainage, <br />and erosion control improvements shall also include the obligation of the MVELO.PER to <br />repair and correct any damage to or deficiency with respect to such improvements.. <br />I, OBTAINING PERMITS, The bEVELOPER. shall obtain in a timely <br />~ manner and pay for all required permits, licenses, acid approvals, and shall meet, in a timely <br />Manner, all requ'irehients of all applicable,.local, state, and federal laws and regulations <br />Whiob must *be obtained or met before the DEVELOPER IMPROVEMENTS may be <br />1awMly cohstructed. <br />1.20. OWNER WARRANTIES. "OWNER WARRANTIES" means that the OWNER <br />herebyVareants: and represents`the following: <br />A. AUTHORITY. OWNER has the right. power, legal capacity, and authority <br />- : to enteir ihto and j)er%rni its obligations. under this DEVELOPMENT CONTRACT, and <br />no appTovpls .or conse* of any:persQns.are. necessary hi connection -with the authority of. <br />OWNER .to. enter into . and perform its obligationis under this DEVELOPMENT <br />CONTRACT. <br />M NO DEFAULT. OWNER is -.not in default under any lease, contract, or <br />agreement to which jt is a party or by which -it is liourid which Would -affect perfoftance` <br />under tliis:.QEVELOPMENT CONTRACT. 0".. is not a party -to or. baund *by any <br />mortgage; lien, lease, agreement, instrument,. order,. judgment, or decree. which would <br />prohlbifthe execution or Performance of this DEVELOPMENT CONTRACT by OWNER <br />or prohibit arty of the.trM* sactionsprovidedfor ip this DEVELOPMENT CONTRACT: <br />C. PRESENT CONTLI NCE WITH LAWS, OWNER.has complied with <br />and is not in YiQlation. of applicable federal, state, or* local statutes, laws; and regulations <br />5 <br />
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