Agenda - Council - 12/28/2006 - Laserfiche WebLink

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a~-has complied with Section -1:414 with respect to the Developer 8e-Public Improvements associated with that lot or outlot_and has delivered to City a set of "as built" plans for the Developer Public Improvements described in subsections (bl (cl (dl, Developer may net submit a notice to City a~estreau_ esting that City inspect ~esethe Developer~'~ Public Improvements: and Developer Private Improvements referenced in this Section 16. City will, within a reasonable time of receiving such a request, inspect the Developer Ax-~e-Public Improvements and Developer Private Improvements referenced in this Section 16 If based on that inspection City confirms that Developer has fully performed Developer's obligations with respect to those Developer Public Im rovements and Developer Private Improvements Developer is not in default in the payment of anv fees due to Citv with respect to that lot or outlot and Citv is not asserting anv claim for indemnification against Developer under Section ~2 City will provide Developer with a recordable °~~`''" °~"~~~~ '''.certificate of completion evidencing Developer's full performance of Developer's obligations under this Agreement with respect to that lot or outlot and releasing that lot or outlot from the terms of this Agreement except the certificate of c mplehon will not relieve Developer from liability for the performance of Developer's obhgahons under Section • Developer's defense and indemnification obligations under Section ~ with respect to claims based on events or circumstances arising or occurring rior to the date of the certificate of completion• or anv warranty obligations of Developer under Section ,all of which obligation are personal to Developer and does not run with tttle to the lots or outlots. A certificate of completion under this Section 16 does release Develo er or the lot or outlot from obligations set forth in another development agreement City and Developer execute in connection with a re-platting or other subdivision of a lot or outlot the Final Plat creates or set forth in a Development Permit unless the certificate of completion so provides by its express terms ... ..~.---, ...ALL.::;-ma=;=~- 17. }~:-Pa_yment of Fees. Developer agrees to pay Citv 5100.000 00 (less anv amounts Developer has, with City's consent paid to for the preparation of the Environmental Assessment Worksheet Citv is preparing with respect to the development) and Citv agrees to accept such amount in full satisfaction of Developer's obligation to reimburse Citv for out of pocket costs and Citv staff time costs Citv incurs in 1974417vdoc V2 to V1 12/18/06 19 -144-