Agenda - Council - 10/22/2013 - Laserfiche WebLink

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expenses within the fifteen (15) day billing period will permit the CITY to draw upon any of the escrows required by this Agreement for payment. Reimbursement to the CITY. The PERMITTEE agree to reimburse the CITY for all costs incurred by the CITY in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. k. Certificate of Occupancy. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the CITY'S Building Official, which authorizes the structure to be used for its intended purposes. 1. Estoppel Certificates and Certificate of Completion. Within ten (10) days after a written request from the PERMITTEE, the CITY will provide the PERMITTEE and any third party who is purchasing all or any portion of the Subject Property or to whom the PERMITTEE is granting a mortgage on all or any portion of the Subject Property with a written estoppel certificate stating: (i) that this Agreement remains in full force and effect — or - that this Agreement has been terminated; (ii) that this Agreement has not been modified or amended - or, if this Agreement has been modified or amended -, identifying such modifications or amendments; (iii) the type and amount of any security the CITY is holding to secure the performance of the PERMITTEE' S obligations under this Agreement; (iv) that, to the best of the CITY'S actual knowledge, the PERMITTEE is not in default in the performance of the PERMITTEE'S obligations under this Agreement - or, if the CITY has knowledge of PERMITTEE defaults, describing those defaults; and (v) that, to the best of the CITY'S actual knowledge, the CITY is not in default in the performance of the CITY'S obligations under this Agreement - or, if the CITY has knowledge of CITY defaults, describing those defaults. At any time that the PERMITTEE believes it has fully performed its obligations under this Agreement, the PERMITTEE may so notify the CITY and the CITY shall promptly inspect the Subject Property to determine if the PERMITTEE has fully performed its obligations under this Agreement. Within ten (10) days after the CITY'S inspection the CITY must provide the PERMITTEE with either a detailed written description of the PERMITTEE's obligations which the CITY determines the PERMITTEE has not fully performed or a recordable instrument executed by the CITY' S mayor and CITY administrator evidencing the termination and satisfaction of this Agreement. m. Park Dedication and Trail Development. That Park Dedication and Trail Fees are satisfied by cash payment at the time of Final Plat Recording.