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the payment of all fees for facilities and services for the Subject Property. Any site permits
<br />shall be kept current with the respective permitting agency and shall ensure the protection of the
<br />public health, safety, and welfare of the community and the development. All impact fees apply
<br />unless a cessation exists through a citywide moratorium, and no impact fee credits shall be
<br />awarded through this Agreement. Proportionate fair share site improvements shall not be a
<br />credit against impact fees.
<br />9. Site Plan/Plat Approval. Exhibit "B", the Concept Plan, is the graphic
<br />representation of the PUD and this Agreement. The Concept Plan shall not replace, supersede,
<br />or absolve the Owner from approvals for any site plan, preliminary plat, or final plat and their
<br />respective regulations. Where more detailed criteria for City required submittals exceed the
<br />criteria required for a Concept Plan, the more detailed criteria shall apply.
<br />10. Indemnification. The Owner shall indemnify and hold the City harmless from
<br />any and against all claims, demands, disputes, damages, costs, expenses, (to include attorneys'
<br />fees whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred
<br />by the City as a result, directly or indirectly, of the use or development of the Subject Property,
<br />except those claims or liabilities caused solely by or arising from the negligence or intentional
<br />acts of the City, or its employees or agents. It is specifically understood that the City is not
<br />guaranteeing the appropriateness, efficiency, quality or legality of the use or development of the
<br />Subject Property, including but not limited to, drainage or water/sewer plans, fire safety, or
<br />quality of construction, whether or not inspected, approved, or permitted by the City.
<br />11. Conflicts. In the event of a conflict between this Agreement and the City's
<br />Unified Land Development Regulations, the more restrictive regulations shall govern the
<br />development of the Subject Property.
<br />12. Obligations for Improvements. Any surface improvement as described and
<br />required hereunder including, but not limited to signalization, walls, stormwater management
<br />facilities, medians, and utilities, or any other surface improvement, shall be performed prior to
<br />the issuance of the Certificate of Occupancy. Should the Owner fail to undertake and complete
<br />its obligations as described in this Agreement and to the City's specifications, then the City shall
<br />give the Owner thirty (30) days written notice to commence and ninety (90) days to complete
<br />said required obligations at the sole expense of the Owner. If the Owner fails to complete the
<br />obligations within the ninety (90) day period, then the City, without further notice to the Owner,
<br />may but shall not be required to, contact the surety and perform such obligations at the expense
<br />of the Owner, without prejudice to any other rights or remedies the City may have under this
<br />Agreement. Further, the City is hereby authorized to immediately recover the actual and verified
<br />cost of completing the obligations required under this Agreement and any legal fees from the
<br />Owner in an action at law for damages, as well as to record a lien against the Subject Property in
<br />that amount. The lien of such assessments shall be superior to all existing lienholders and
<br />mortgagees, who, by their execution of the subordination or joinder documents, agree to
<br />subordinate their liens or mortgages to the City's said liens or assessments. Notice to the Owner
<br />shall be deemed to have been given upon the mailing of notice as provided in paragraph 22 of
<br />this Agreement.
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