Agenda Packets - 2000/08/14 - Laserfiche WebLink

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RJV-184370v2 MU210-48 4 (d) The Developer will construct the Improvements in accordance with the terms of this Agreement, and all local, state and federal laws and regulations; (e) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, including approval of a final Planned Unit Development document of a form attached as Exhibit F, and will meet, in a timely manner, the requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed; and (f) The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. (g) There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. (h) None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. Section 2.2. By the City. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder; and (b) The City has or will obtain good and marketable title to Parcel A and will convey same to Developer as provided herein. (c) The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Developer and will cooperate with the efforts of Developer to secure the granting of any permit, license, or other approval required to allow the construction of the Improvements; provided, however, that nothing contained in this subparagraph 2.2(c) shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application or to modify or link the absolute discretion of the City with regard to any matter in which the City’s review or approval is necessary or desired.