02-13-2019 Council Packet - Laserfiche WebLink

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5 Subject to Unavoidable Delays. AFSA shall construct no later than October 1, 2019 a fence on the western side of the site. The plans and specifications of said fence shall be approved by the City prior to construction and the City reserves the right to approve or disapprove said plans in its reasonable discretion. (c) This Agreement cannot be assigned or transferred without prior written approval of the City. (d) Any breach of the terms of this Agreement by the AFSA shall be grounds for denial of the issuance of any building permit. (e) There is no intent to benefit any third parties and third parties shall have no recourse against the City under this Agreement. (f) AFSA shall reimburse the City for all costs incurred by the City in defense or enforcement of this Agreement due to actions or inactions of AFSA including court costs and reasonable engineering and attorneys’ fees. (g) 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 the Development Agreement. (h) It is agreed that the City has the right, privilege and authority as a condition precedent to the approval of the plans and specifications and approval of Site Plans, to prescribe design requirements for any Improvements within the Site Plan. (i) The provisions of this Section relating to approval, rejection and resubmission of corrected Site Plans shall continue to apply until the Site Plans have been approved by the City. Approval of the Site Plans by the City shall not relieve AFSA of any obligation to comply with the terms and provisions of this Agreement or the provisions of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Site Plans by the City be deemed to constitute a waiver of any Event of Default. The Site Plans shall be deemed approved by the City unless rejected in writing within thirty (30) days after receipt from AFSA by the City with a statement of the City's reasons for such rejection. (j) If AFSA desires to make any material change in the Site Plans after their approval by the City, AFSA shall submit the proposed change, in writing, to the City for its approval. If the Site Plans, as modified by the proposed change, conform to the requirements of this Agreement and such changes do not materially alter the nature, quality or exterior appearance of the Improvements, the City shall approve the proposed change and notify the AFSA in writing of its approval. Section 3.3. Commencement and Completion of Construction. AFSA will provide a schedule in writing outlining in detail the proposed schedule which must be approved prior to the