CC PACKET 02082022 - Laserfiche WebLink

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(vi)perform the work or improvements to be performed by Developer, in which case Developer shall within 30 days after written billing by the City reimburse the City for any reasonable costs and expenses incurred by the City. (vii)declare null and void any building and site plan approvals or development contracts for the Property and/or the Project; (viii)initiate rezoning of the Property to a zoning classification consistent with the amended land use designation; and/or (ix)initiate an amendment to the City’s comprehensive land use plan with respect to the Property. (b)No Exclusive Remedies. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 11.Developer’s Warranties. Developer hereby represents and warrants to the City: (a)Developer does and will have full power and authority to enter into this Agreement and to perform hereunder and that such entry and performance does not and will not violate any right of any third party or create any liability to any third party. (b)Developer has fee title to the Property or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Property; that there are no unrecorded interests in the Property; and that Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 12.Completion. Upon the performance of all of Developer’s obligations hereunder, the City will execute a Certificate of Completion in the form attached hereto as Exhibit D, which may be recorded by Developer, at Developer’s expense. 13.Indemnification. Developer shall indemnify, defend and hold the City and its council, officers, employees, and agents harmless from and against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to: (a)breach by Developer of any of its representations or warranties hereunder; (b)failure by Developer to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (c)failure by Developer to pay contractors, subcontractors, laborers, or materialmen; (d)failure by Developer to pay for materials; 4 2483258.v2 4887-6170-0872\3