Resolutions-2015-022

The Developer agrees to record this Agreement and to pay all necessary recording and filing fees that accrue as a result of any work that is performed under this Agreement or made necessary as a result of this PAD project. A copy of this recorded Agreement will be provided to the City. SECTION 12. TIME OF PERFORMANCE All of the site improvements and structures to be constructed shall be completed by December 1, 2015. SECTION 13. MISCELLANEOUS A. Third parties shall have no recourse against the City under this Agreement. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, occupancy permits or other permits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by both parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or a release. E. The Developer's obligations under this Agreement shall continue in full force and effect even if the Developer sells a portion of the PAD. F. No building permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. No occupancy permits will be issued until all public improvements have been constructed in accordance with applicable standards and formally accepted by the City. G. The Developer shall take out and maintain a public liability and property damage insurance policy covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. H. All uses within the PAD must be consistent with the previously adopted zoning. I. Developer will create a condominium declaration containing residential covenants, conditions and restrictions that will be recorded and run with the PAD property.