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8. Development Permits/Fees. The Owner is responsible for obtaining permits and
<br />the payment of all fees for facilities and services for the Subject Property. Any site permits shall
<br />be kept current with the respective permitting agency and shall ensure the protection of the public
<br />health, safety, and welfare of the community and the proposed development. All impact fees
<br />apply 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 credit
<br />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, or
<br />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 criteria
<br />required for a Concept Plan, the more detailed criteria shall apply.
<br />10. Indemnification. The Owner shall indemnify and hold the City harmless from any
<br />and against all claims, demands, disputes, damages, costs, expenses (to include attorneys' fees
<br />whether or not litigation is necessary and if necessary, both at trial and on appeal), incurred by the
<br />City as a result, directly or indirectly, of the use or development of the Subject Property, except
<br />those claims or liabilities caused solely by or arising from the negligent or intentional acts of the
<br />City, or its employees or agents. It is specifically understood that the City is not guaranteeing the
<br />appropriateness, efficiency, quality or legality of the use or development of the Subject Property,
<br />including but not limited to, drainage or water/sewer plans, fire safety, or quality of construction,
<br />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 Unified
<br />Land Development Regulations, the more restrictive regulations shall govern the development of
<br />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 completed prior to the
<br />issuance of the Certificate of Occupancy. Should the Owner fail to undertake and complete its
<br />obligations as described in this Agreement to the City's specifications, then the City shall give the
<br />Owner thirty (30) days written notice to commence and ninety (90) days to complete said required
<br />obligations at the sole expense of the Owner. If the Owner fails to complete the obligations within
<br />the ninety (90) day period, then the City, without further notice to the Owner, may but shall not be
<br />required to, contact the surety and perform such obligations at the expense of the Owner, without
<br />prejudice to any other rights or remedies the City may have under this Agreement. Further, the
<br />City is hereby authorized to immediately recover the actual and verified cost of completing the
<br />obligations required under this Agreement and any legal fees from the Owner in an action at law
<br />for damages, as well as to record a lien against the Subject Property in that amount. The lien of
<br />such assessments shall be superior to all existing lienholders and mortgagees, if any, who, by their
<br />execution of the subordination or joinder documents, agree to subordinate their liens or mortgages
<br />to the City's said liens or assessments. Notice to the Owner shall be deemed to have been given
<br />upon the mailing of notice as provided in paragraph 22 of this Agreement.
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