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R2005-152 AUTHORIZING AGREEMENT 101 E Prairie
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R2005-152 AUTHORIZING AGREEMENT 101 E Prairie
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12/7/2015 3:51:54 PM
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12/7/2015 3:51:53 PM
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Resolution/Ordinance
Res Ord Num
R2005-152
Res Ord Title
AUTHORIZING AGREEMENT OLDE TOWNE DEVELOPMENT LLC - 101 EAST PRAIRIE
Approved Date
10/17/2005
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' . ' • • Hooks 3855 Page: 453 <br /> work described herein, �as approved by City, maintaining the same at Owner's expense <br /> in a state of good repair. Owner shall cooperate with City fully, allowing such � <br /> inspections as City shall deem reasonable and necessary, including but not limited to <br /> complete inspections at the commencement of the fifth and tenth years of this <br />' agreement. Material breach of Owner's obligation to cooperate with City inspections <br /> shall be cause for termination of this agreement by City. <br /> 4. The term "exterior design and facade" shall mean all outside architectural <br /> and construction features visible from any point on the street, including, but not limited <br /> to, structural and facing materials, signs, windows, doors, trims, sills, steps, railings, <br /> cornices, molding, paint colors and other decorative features. <br /> 5. Except for any claims, suits or actions caused by the intentional or negligent <br /> acts of City, Owner and any person claiming rights hereunder through Owner, agrees <br /> to indemnify and defend (including payment of City's attorney's fees and costs) City <br /> against any claims, suits, or actions for death or injury to persons or damage to <br /> property or breach of contract or any other claim or demand brought against City <br /> arising from any alleged claims, acts omissions in connection with this exterior design <br /> and faCade renovation, whether or not suit is filed. Owner shall obtain, at his/her <br /> expense, and shall provide City proof of "all risks" property insurance coverage on said <br /> building, naming City as an additional insured. <br /> 6. The covenants and conditions set forth in this agreement are covenants <br /> running with the land. As such, it is the parties' intention that the same inure to the <br /> benefit of City, its successors and assigns, and be and remain binding upon the heirs, <br /> personal representatives, successors, grantees and assigns of Owner, for the period <br /> described in this Agreement. <br /> 7. City's obligations hereunder shall cease if Owner fails to demonstrate to City <br /> that Owner has an enforceable written agreement with a capable and competent <br /> contractor for the renovation of the e�erior design and fa�ade of the building on or <br /> before January 31, 2006. City reserves the right to reject any contract between Owner <br /> and contractor, for any reason or reasons that City might lawfully reject such a contract <br /> befinreen City and the same contractor, including but not limited to responsible and <br />
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