Agenda - Council - 08/11/2015 - Laserfiche WebLink

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17. Site Plan Approval Expenses. The Permittee agrees that it will pay to the City all reasonably incurred expenses incurred by the City in connection with the approval of the Site Plan, including, but not limited to administration expenses, engineering and legal fees. Said expenses shall be paid within fifteen (15) days of billing by the City and outstanding billings shall be paid prior to issuance of the building permit. Any expenses incurred after the release of the building permit shall also be paid within said fifteen (15) day billing period. Failure to pay the City's 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. 18. Reimbursement to the City. The Permittee agrees to reimburse the City for all costs incurred by the City in defense or enforcement of this Development Agreement, or any portion thereof, including court costs and reasonable engineering and attorney's fees. 19. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Development Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect or void any of the other provisions of this Development Agreement. 20. Proof of Authority. When the Permittee is a corporation, the City requires proof of authority by the corporation to execute this Development Agreement. 21. Violation of This Agreement. If the Permittee fails to perform any of the material terms of this Development Agreement and fails to cure such failure within 30 days after receiving written notice thereof (an "Event of Default"), the City shall be entitled to recover, from the Permittee or the issuer of Permittee financial guarantee, the full amount of any and all financial guarantees. The occurrence of an Event of Default that remains uncured shall also be grounds for denial of Building Permit or issuance of Certificate of Occupancy. Notwithstanding anything to the contrary herein, any limited partner of the Permittee (the "Limited Partner") shall have the right, but not the obligation, to cure any default by the Permittee under this Agreement, and the City shall accept performance by the Limited Partner of any obligation of the Permittee hereunder as though tendered by the Permittee itself. 22. Agreement Binding On Successors and Assigns. The Permittee agrees that this Development Agreement shall be binding upon its successors and assigns. 23. Impacted Public Improvements. The Permittee agrees to not damage or destroy any plant, tree, or other landscape material owned by the City, such as irrigation systems, sidewalk panels, and curbing, throughout construction of the project. Furthermore, Permittee agrees to replace any such damaged materials and restore any irrigation system to working order prior to issuance of the Certificate of Occupancy. 24. Termination. Upon the expiration of the two-year period set forth in Section 13, this Agreement shall automatically be terminated and be of no further force and effect. 25. Notice. Any notice to be provided to the Permittee under this Agreement shall be delivered to its address set forth in the introductory paragraph above and copies shall simultaneously be delivered to the following: Winthrop & Weinstine, P.A. 225 South Sixth Street Suite 3500 Sunwood Village Development Agreement Page 5of10