Agenda - Council - 12/09/2025 - Laserfiche WebLink

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23. Construction, Hours and Entrance Signs. The CITY restricts construction and delivery hours to Monday through Saturday 7:00 a.m. to 10:00 p.m. The PERMITTEE is required to provide a sign at each entrance point stating delivery and construction operation hours. Said signs are not to exceed eighty (80) square feet in size and must be clearly visible at all times during the construction period. 24. 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. 25. 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 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 contract for payment. 26. 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. 27. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. 28. Proof of Authority. When the PERMITTEE is a limited liability company, the CITY requires proof of authority by the limited liability company 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. 29. Violation of This Permit. If the PERMITTEE fails to perform any of the terms of this Agreement 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 all financial guarantees. Breach of any of the terms of this Agreement by the PERMITTEE shall also be grounds for denial of Building Permit or issuance of Certificate of Occupancy. 30. 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. 31. Agreement Binding on Successors and Assigns. The PERMITTEE agrees that this Agreement shall be binding upon and inure to the benefit of its successors and assigns. 32. 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: Roers Ramsey Apartments I LLC Development Agreement Page 6 of 9