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11 - Enns Ventures 5 In 5 Infill Development Agreement
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11 - Enns Ventures 5 In 5 Infill Development Agreement
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Paris City Council or the Planning and Zoning Commission or any member thereof having <br />responsibility for approval of this Agreement. <br />S. Conditions. <br />5.2 The terms and conditions of this Agreement are binding upon the parties hereto <br />and their successors and assigns. <br />5.3 It is understood and agreed between the parties that the Owner, in performing <br />its obligations hereunder, is acting independently, and the City assumes no responsibility or <br />liability in connection therewith to third parties; and Owner agrees to release, indemnify <br />and hold the City its elected officials, officers, employees and attorneys harmless from <br />any claims, lawsuits, damages, costs or attorney's fees related to this Agreement. It is <br />further understood and agreed among the parties that the City, in performing its obligations <br />hereunder, is acting independently, and the Owner assumes no responsibility or liability in <br />connection therewith to third parties and, to the extent permissible by law, the City agrees to <br />indemnify and hold harmless the Owner therefrom. <br />C. Compliance Provisions <br />5.4 The Owner agrees that the City, its agents and employees, shall have reasonable <br />right of access to any and all records concerning Owner's investment in the Improvements for <br />the purpose of conducting an audit of the Residential Improvements. Any such audit shall be <br />made only after giving the Owner notice at least fourteen (14) days in advance and will be <br />conducted in such a manner as to not unreasonably interfere with Owner's property. Upon <br />request, the Owner will provide the City with a detailed list of all Improvements, including a <br />list of materials used and cost thereof. <br />5.5 The Owner further agrees that the City, its agents and employees, shall have <br />reasonable right of access to the Property to inspect the Improvements in order to insure that <br />the construction of the Improvements are in accordance with this Agreement and all applicable <br />state and local laws and regulations or valid waiver thereof. After completion of the <br />Improvements, the City shall have the right to enter the Property and conduct an inspection of <br />the completed Improvements. <br />D. Initial and Annual Reporting. <br />5.6 The Owner further agrees that it will, within thirty (30) days of completion of <br />each dwelling unit as it issued a Certificate of Completion by the City, provide the CITY with <br />a sworn report, written on Owner's letterhead and signed by a designated representative of <br />Owner, which contains the following information: <br />(a) A copy of the printout from the Lamar County Appraisal District showing <br />the market value of the Property prior to the construction of the Improvements; <br />(b) Detailed description of the Improvements; <br />0 <br />
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