Laserfiche WebLink
3 <br />628764v3MU210-262 <br /> <br /> D. The Developer has complied with and will continue to comply with all applicable <br />federal, state and local statutes, laws, ordinances, and regulations including, without limitation, any <br />permits, licenses, and applicable zoning, environmental, or other laws, ordinances, or regulations <br />affecting the Property. The Developer is not aware of any pending or threatened claim of any such <br />violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees <br />that it has and shall at all times comply with each and every provision of the City’s subdivision, <br />zoning, and other related municipal code regulations. <br /> <br /> E. There is no suit, action, arbitration, or legal, administrative, or other proceeding, or <br />governmental investigation pending or threatened against or affecting the Developer or the Property. <br />The Developer is not in default with respect to any order, writ, injunction, or decree of any federal, <br />state, local or foreign court, department, agency, or instrumentality. <br /> <br /> F. None of the representations and warranties made by the Developer or made in any <br />exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its <br />behalf contains or will contain any untrue statement of material fact or omits any material fact, the <br />omission of which would be misleading. <br /> <br />1.03. Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this <br />Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if <br />fully set forth herein. <br /> <br />ARTICLE TWO <br />PUBLIC IMPROVEMENTS; PLATTING REQUIREMENTS <br /> <br />2.01. Public Improvements. <br /> <br /> A. The City intends to initiate a public improvement project pursuant to its authority <br />under state and local laws in order to construct and install the Public Improvements. The Public <br />Improvements will extend the system of City streets (Greenwood Drive) and utilities to provide <br />adequate access, sewer, and water to the lots created within the Subdivision. To ensure that the City <br />has valid and collectible assessments for such project, each of the individual owners and entities that <br />collectively make up the Developer shall execute a separate Petition and Waiver Agreement in the <br />general form attached hereto as Exhibit C, each of which shall meet the requirements of the City <br />Attorney. The parties to this Agreement understand and acknowledge that the City will not move <br />forward with the Public Improvements, nor shall it consider a resolution authorizing any <br />condemnation related to the Public Improvements and the acquisition necessitated thereby, unless <br />and until all individuals or entities that collectively make up the Developer have executed a Petition <br />and Waiver Agreement that meets all City requirements. <br /> <br /> B. The Developer agrees to grant or dedicate via the plat for the Subdivision all right-of- <br />way necessary for the Public Improvements within the Subdivision Property. The City agrees to <br />initiate efforts via its authority to exercise eminent domain to acquire that portion of right-of-way that <br />is not within the Subdivision Property but that is otherwise required for the Public Improvements, in <br />the City’s sole discretion, to construct and install the Public Improvements so that the Subdivision has