2023-025 - Development Agreement with Lionshead Paris LLC

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DocuSign Envelope ID: OEEW589-51305-4961-9ACA-5229871D54CE install the Public Line and. the estimated cost to Developer.to install the Lateral Lines now in lieu of the previously planned Private Line. Notwithstanding any other provision in this Agreement, the Parties agree and understand that the City will not issue a Certificate of Occupancy for the Facility unless and until Developer has paid all amounts due and owing under this Paragraph 4.1. V. Construction 5.1 Upon execution of this Agreement by both parties (the Effective Date) , the City will, as soon as is practicable given weather conditions, mobilize and begin construction of the Public Line. The Parties hereby acknowledge that the Public Line must be completed prior to Developer's commencement of construction of lateral lines and other improvements related thereto. 5.2 The City will notify Developer in the manner set forth for notices in paragraph 9.3 that it has commenced construction of the Public Line, and will further notify Developer by the same means.when it has completed same. 5.3 Once City has notified Developer of its completion of the Public Line, Developer may commence construction of its lateral lines and associated improvements subject to obtaining any additional permits which the City may require. 5.4 The Developer shall be responsible for all future expenses for maintenance and/or replacement for all lateral lines and services to their Facility, both in and outside of the Right of Way. City shall only be responsible for maintenance and/or replacement of the Public Line. VI. No Conflict of Interest 6.1 Developer represents and warrants that the Site does not include any Property that is owned or leased by a member of the Planning and Zoning Commission of the City of Paris, nor by a member of the City Council approving, or having responsibility for the approval of, this Agreement. VII. Conditions 7.1 The terms and conditions of this Agreement are binding upon and enforceable against and with respect to the successors and assigns of all parties hereto. 7.2 It is understood and agreed between the parties that Developer, in performing its obligations hereunder, is acting independently; the City assumes no responsibility or liability in connection therewith to third parties; and Developer agrees to indemnify and hold the City harmless therefrom. It is further understood and agreed among the parties that the City, in performing its obligations hereunder, is acting independently; the Developer assumes no responsibility or liability in connection therewith to third parties.