4.5. SR 06-04-2018 - Laserfiche WebLink

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(together with any other agreements entered into between the parties hereto contemporaneously therewith) and review and approvals of other documents and agreements in connection with the Project. In addition, certain engineering, environmental advisor, legal, land use, zoning, subdivision and other costs related to the development of the Development Property are required to be paid, or additional funds deposited in escrow, in accordance with the City's fee schedule. If at any time the City determines that the amount deposited by Developer will be insufficient to pay the City's fees and expenses listed above, the City may notify the Developer in writing as to any additional amount required to be deposited. The Developer must deposit such additional funds within 10 business days after receipt of the City's notice. The City will notify the Developer at any point when it has received invoices for Administrative Costs equal, in aggregate, to $10,000 and the Developer shall notify the City whether it is willing to incur additional Administrative Costs. If the Developer fails to notify the City of its willingness to continue to incur additional Administrative Costs within 10 days, the City will instruct all Administrative Cost service providers to discontinue further work and submit final invoices which the Developer shall reimburse the City for reasonable Administrative Costs within 10 business days after receipt of the City's notice even if the remaining Administrative Costs exceed $10,000 as a result of work done prior to the notification to discontinue work. Any funds deposited by Developer and not expended by the City for its Administrative Costs will be returned to the Developer up the issuance of the Certificate of Completion. This Section 3.4 shall survive termination of this Agreement and shall be binding on the Developer regardless of the enforceability of any other provision of this Agreement. Section 3.5. Compliance with Environmental Requirements. (1) The Developer shall comply with all applicable local, state, and federal environmental laws and regulations, and will obtain, and maintain compliance under, any and all necessary environmental permits, licenses, approvals or reviews. (2) The City makes no warranties or representations regarding, nor does it indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Development Property or anywhere within the TIF District of any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §§ 961-9657, as amended) (collectively, the "Hazardous Substances"). (3) The Developer agrees to take all necessary action to remove or remediate any Hazardous Substances located on the Development Property to the extent required by and in accordance with all applicable local, state and federal environmental laws and regulations. Section 3.6. Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer will deliver to the City the Construction Plans and a sworn construction cost statement certified by 10 51939481SB ELI 85-49