Agenda - Council - 07/22/2014 - Laserfiche WebLink

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J. Reimbursement to the CITY. The DEVELOPER 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 Occunangv. The term "Certificate of Occupancy" as used in this Agreement shall be defined as a document issued by the CITY'S Building Officialthat 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 DEVELOPER, the CITY will provide the DEVELOPER and any third party who is purchasing all or any portion of the Subject Property or to whom the DEVELOPER 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 DEVELOPER'S obligations under this Agreement; (iv) that, to the best of the CITY'S actual knowledge, the DEVELOPER is not in default in the performance of the DEVELOPER'S obligations under this Agreement - or, if the CITY has knowledge of DEVELOPER 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 DEVELOPER believes it has fully performed its obligations under this Agreement, the DEVELOPER may so notify the CITY and the CITY shall promptly inspect the Subject Property to determine if the DEVELOPER has fully performed its obligations under this Agreement. Within ten (10) days after the CITY'S inspection the CITY must provide the DEVELOPER with either a detailed written description of the DEVELOPER's obligations which the CITY determines the DEVELOPER 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. Notices. Required notices shall be in writing, and shall be either hand delivered to the Parties, its employees or agents, or mailed to them by certified or registered mail at the following address: