Agenda - Council - 03/10/2020 - Laserfiche WebLink

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g. Construction Site Maintenance. The PERMITTEE shall adhere to all of the CITY ordinances relating to, but not limited to, dumping of garbage, site development, construction debris, open burning, etc. The CITY reserves the right to withhold permits, inspections, or certificates of occupancy to correct violations relating to construction site maintenance. h. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as to Stage I and Stage II Improvements, unless qualified as fixed amounts, are estimated. The PERMITTEE agrees to pay the entire cost of said improvements including interest, engineering and legal fees related thereto. i. Plat Approval Expenses. The PERMITTEE agrees that it will pay to CITY all CITY expenses incurred in the approval of the Plat, including, but not limited to, administration expenses, engineering and legal fees. Said expenses incurred after recording of the Final Plat 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. Reimbursement to the CITY. The PERMITTEE agrees 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