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Agenda - Planning Commission - 07/10/2014
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Agenda - Planning Commission - 07/10/2014
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3/21/2025 10:21:11 AM
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7/9/2014 12:24:53 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
07/10/2014
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cost of said improvements including interest, engineering and legal fees <br />related thereto. <br />Plat Approval Expenses. The PERMITTEE agrees that it will pay to <br />CITY all CITY expenses incurred in the approval of the Plat, including, <br />but not limited to, administration expenses, engineering and legal fees. Said <br />expenses incurred after recording of the Final Plat shall also be paid within <br />said fifteen (15) day billing period. Failure to pay the CITY'S expenses <br />within the fifteen (15) day billing period will permit the CITY to draw upon <br />any of the escrows required by this Agreement for payment. <br />Reimbursement to the CITY. The PERMITTEE agree to reimburse the <br />CITY for all costs incurred by the CITY in defense or enforcement of this <br />Agreement, or any portion thereof, including court costs and reasonable <br />engineering and attorney's fees. <br />k. Certificate of Occupancy. The term "Certificate of Occupancy" as used in <br />this Agreement shall be defined as a document issued by the CITY'S <br />Building Official, which authorizes the structure to be used for its intended <br />purposes. <br />1. Estoppel Certificates and Certificate of Completion. Within ten (10) days <br />after a written request from the PERMITTEE, the CITY will provide the <br />PERMITTEE and any third party who is purchasing all or any portion of <br />the Subject Property or to whom the PERMITTEE is granting a mortgage <br />on all or any portion of the Subject Property with a written estoppel <br />certificate stating: (i) that this Agreement remains in full force and effect <br />— or - that this Agreement has been terminated; (ii) that this Agreement has <br />not been modified or amended - or, if this Agreement has been modified or <br />amended -, identifying such modifications or amendments; (iii) the type and <br />amount of any security the CITY is holding to secure the performance of <br />the PERMITTEE' S obligations under this Agreement; (iv) that, to the best <br />of the CITY'S actual knowledge, the PERMITTEE is not in default in the <br />performance of the PERMITTEE'S obligations under this Agreement - or, <br />if the CITY has knowledge of PERMITTEE defaults, describing those <br />defaults; and (v) that, to the best of the CITY'S actual knowledge, the <br />CITY is not in default in the performance of the CITY'S obligations under <br />this Agreement - or, if the CITY has knowledge of CITY defaults, <br />describing those defaults. At any time that the PERMITTEE believes it <br />has fully performed its obligations under this Agreement, the <br />PERMITTEE may so notify the CITY and the CITY shall promptly <br />inspect the Subject Property to determine if the PERMITTEE has fully <br />performed its obligations under this Agreement. Within ten (10) days after <br />
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