Agenda - Council - 12/13/2005 - Laserfiche WebLink

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16. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement as Required Improvements, unless specified as fixed :amounts, are estimated. The PERMITTEE agrees to pay the entire Cost of said improvements including 'interest, engineering and legal charges. 17. Site Plan Approval Expenses. The PERMITTEE agrees that it will pay to the CITY all CITY expenses incurred in the approval of the Site Plan, including, but not limited to administration expenses, engineering and legal fees. Said ex~pn~es _shall be paid within fifteen (15) days of billing by the CITY and outstanding .bi'Itings shall be paid prior to issuance of the building permit. Any expenses incurred:.:~ffe'r.':ith.~ release of the building permit shall also be paid within said fifteen (i5) day b~!ling p'~[i?d. Failure to pay the CITY'S expenses within the fifteen (15) day billing, periOd will perm'i!. the CITY to draw upon any of the escrows required by this contract for:i~i~'~ent. 18. Reimbursement to the City. The PERMITTEEagrees to reimburse the CITy for all costs incurred by the CITY in defense or enforcement 6f~tlxis A~b'ement, or any portion thereof, including court costs and reasonable engineering and'~;tt0'i~ey's fees. ": 19. Invalidity of Any Section. If any porri'qn, section, subsection,..sentence, clause, paragraph or phase of this Ageement is for any 'i~eak0hheld to be invalid: by a court of competent jurisdiction, such decision shall not effect 6i;~;:~'id ~any of ~he other provisions of this Agreement. ~:~" ' 20. Proof of Authority, When the' PERMITTEE is a corporation, the CITY requires proof of authority by the" corporation to execute this Agreement. This proof of authority may be satisfied by providing the CITY with a certified copy of minutes of the corporate Board of Directors granting such authority. -.:-:.7' ,. ?'::7' ;' 2I. Violation of This Permit. If the PERMITTEE fails to perform any of the terms of this permft in the manner required bY the CITY, the CITY shall be entitled to recover, from the PERMITTEE or the issuer of PERMITTEE financial guarantee, the full amount of any and ail financial' guarantees. Breach of any of the terms of this Development Permit by the PERMITTEE shall also be grounds for denial of Building Permit or issuance of Certificate of Occupancy. -- 22. Agreement Binding On Successors and Assigns. The PERMITTEE agrees that this Development Permit shall be binding upon its successors and assigns. IN WITNESS THEREOF, the parties have hereunto set their hands and seals, this day of ,2006. -467- National Growth, LLC Development Permit Page 6 of 8