this Agreement shall be measured and interpreted in accordance with such standard of
performance.
b) Developer hereby warrants to City that the materials and equipment
furnished in accordance with this Agreement will be of good quality, that the work will
be free from defects, and that the work will conform with the requirements of the
Development Plan. Developer hereby represents, warrants, and covenants that neither it
nor its affiliates shall file a mechanic's lien, materialmen’'s lien, or other lien against any
assets of City, and hereby waives and releases any right it may have or may hereafter
acquire to file a lien against the any assets of City. Developer shall indemnify and hold
harmless City from any losses, damages, and liabilities, to the City as a result of a breach
of this provision.
c) Developer shall pay all fees levied by the City or any other governmental
entity, including, but not limited to, all tap fees, water & sewer fees, and permit fees.
Developer shall plan for all utility services required for the Project and negotiate all
necessary agreements with the appropriate municipal authorities and utility companies
related to access, traffic, utilities, zoning and other design and construction elements
pertaining to the Project. Developer shall obtain and pay for all construction-related
permits and all certificates of occupancy. City shall cooperate with Developer as is
reasonably necessary for Developer to obtain such approvals, permits and certificates of
occupancy.
d) Developer shall apply for and maintain in full force and effect any and all
governmental permits and approvals required for the lawful construction of the Project
and comply with all the terms and conditions applicable to the Project contained in any
governmental permit or approval required or obtained for the lawful construction of the
Project, or in any insurance policy affecting or covering the Project.
2.8 Ownership of Development Plans. If the Project is not constructed, then
Developer will retain ownership of the preliminary plans, the Development Plan and
other design and construction work product relating to the Project in accordance with this
Agreement.
2.9 City Improvements. City represents water and wastewater are available at
the Property boundary.
ARTICLE III: DEFAULTS
3.1 Defaults by Developer and Remedies of City. If Developer materially
defaults on the performance of its obligations to City prior to the Closing Date, then
Developer will have thirty (30) days after the City’s delivery of written notice to
Developer of the default to cure the default; however, if the default requires more than
thirty (30) days to cure, Developer shall have such additional time as may be reasonably
required to cure the default, provided Developer commences the cure within the initial
thirty (30) day cure period and thereafter diligently prosecutes the cure to completion (not
