|
7. Public Facilities/Land Dedication. None.
<br />8. Development Permits/Fees. The Owner is responsible for obtaining permits and
<br />the payment of all permit fees for facilities and services for the Subject Property. Any site
<br />permits shall be kept current with the respective permitting agency and shall ensure the
<br />protection of the public health, safety, and welfare of the community and the development. All
<br />impact fees apply unless a cessation exists through a citywide moratorium, and no impact fee
<br />credits shall be awarded through this Agreement. Proportionate fair share site improvements
<br />shall not be a 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 in this
<br />Agreement or the ULDRs exceed the criteria required for a Concept Plan, the more detailed
<br />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 on that portion of the Subject Property related to the
<br />surface improvement(s), or as is otherwise scheduled in this Agreement. Should the Owner fail
<br />to undertake and complete its obligations as described in this Agreement and to the City's
<br />specifications, then the City shall give the Owner thirty (30) days written notice to commence
<br />and ninety (90) days to complete said required obligation at the sole expense of the Owner. If the
<br />Owner fails to complete the obligations within the ninety (90) day period, then the City, without
<br />further notice to the Owner, may but shall not be required to, contact the surety and perform such
<br />obligations at the expense of the Owner, without prejudice to any other rights or remedies the
<br />City may have under this Agreement. Further, the City is hereby authorized to immediately
<br />recover the actual and verified cost of completing the obligations required under this Agreement
<br />and any legal fees from the Owner in an action at law for damages, as well as to record a lien
<br />against the Subject Property in that amount. The lien of such assessments shall be superior to all
<br />
|