Agenda Packets - 2024/01/22 - Laserfiche WebLink

Home Browse Search

C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. 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. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City's subdivision, zoning, and other related municipal code regulations. E. There is no suit, action, arbitration, or legal, administrative, or other proceeding, or governmental investigation pending or threatened against or affecting the Developer or the 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. F. 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. 1.03. Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. ARTICLE TWO SUBDIVISION IMPROVEMENTS; PLATTING REQUIREMENTS 2.01. Designation of Improvements; Acquisition of Easements. a. Following the platting of the Subdivision, as required by this Agreement, those certain Public Improvements shall be installed and after completion will be dedicated to and accepted by the City. The Public Improvements will extend the system of City streets north (Greenwood Drive) and utility systems to provide adequate access, sewer main, water main, and storm sewer facilities to the 12 new lots to be created within the Subdivision. Other non-public improvements that may be constructed by the Developer, either in conjunction with the Public Improvements or in the future and which are part of or in support of proposed single-family development shall be herein referred to as the "Private Improvements." The Public Improvements and Private Improvements may be collectively referred to in this Agreement as the "Improvements." 3 MU210-262-628764.v18