1994 AGN JUL 05 I07 - Laserfiche WebLink

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957027806 WHEREAS, the City finds it unnecessary for such improvements to be provided at the present time but City desires to secure the construction and provision of such improvements as they become necessary in the future at a time that coincides with further development on the property. NOW THEREFORE, the parties for good valuable consideration, receipt of which is hereby acknowledged, agree as follows: AGREEMENT 1. Developer agrees that prior to issuance of any building permit for any development on the Property, Developer will pay all applicable connection charges and maintenance charges to the City as then in effect pursuant to the fee resolution for such charges related to the SARI Line. 2. Within 30 days of the issuance of the first building permit for development on the Property, Developer will, at Developer's sole cost and expense, commence the construction and installation of all required on-site and off-site public improvements set forth in this Agreement in accordance with plans and specifications approved by the City according to code, ordinances and policies then applicable as necessary to serve the Property as set forth in the conditions of approval for Parcel Map 12995, and any phases thereof. 3. Construction of all required public improvements shall proceed expeditiously and shall be completed within one year of the date of issuance of the first building permit unless extended in writing by mutual agreement of the parties. 4. In the event that Developer shall fail to begin construction of such public improvements or in the event that construction shall not be completed in the time required by this Agreement, City may by separate contract or force; labor, construct, and install, such public improvements and Developer shall be fully responsible and liable for all costs incurred by City, including, but not limited to overhead, labor and material and such liability shall constitute a lien on the Property. 5. This agreement shall be recorded and shall constitute a covenant running with the land binding upon the executors, administrators and successors and assigns of the parties. 6. Developer agrees to indemnify, release, defend and hold harmless the City, its officers, employees and representatives from any and all "Liability, loss, suits, claims, damages, costs and expenses, including attorneys fees and costs of litigation which directly or indirectly result from, or arise out of any acts, errors or omissions, including, without limitation professional negligence of Developer, its employees or subcontractors or agents in connection with the performance of this Agreement.