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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. <br />13. Concurrency and Vested Rights. Staff shall verify the levels of service are <br />sufficient to accommodate the proposed development prior to the issuance of any development <br />orders for the Subject Property. The capacity certificate/approval verifies the availability of <br />infrastructure and service capacity sufficient to permit the proposed development of the Subject <br />Property without causing a reduction in the levels of service adopted in the City's Comprehensive <br />Plan. The certificate of capacity/approval shall be effective for a term, as defined in the City's Code <br />of Ordinances. Neither this Agreement nor the approved Concept Plan shall create or result in a <br />vested right or rights to develop the Subject Property, as stated in the City's Unified Land <br />Development Regulations. <br />14. Environmental and Tree Preservation. The Owner is responsible for obtaining <br />all site related permits and approvals prior to any development activity on the Subject Property in <br />Page 7 of 16 <br />