6200 12TH DR SE 2020-10-22 - Laserfiche WebLink

201803290406.011 544 Non-Material Modifications Nothing contained in this Section 54 shall prohibit or restrict the Developer,in its sole discretion but subject to all Legal Requirements, from making any modifications to the Approved Plans and Specs that are not Material Modifications The Developer shall not be required to obtain the City's approval for such modifications under Section 54 of this Covenant 55 Governmental Approvals The Developer shall apply, at its sole cost, to the appropriate Governmental Authorities or third parties for, and shall diligently pursue and obtain, all permits, licenses, permissions, consents or approvals required in connection with the construction of the Improvements The City will reasonably cooperate with Developer to obtain all such permits, licenses,permissions,consents and approvals, but without liability, cost, or expense to the City Section 6 Disclaimer of Liability, Indemnity 6 l Preparation of Site, Utilities Except as otherwise provided in the City- Developer Agreements, City shall not be responsible for any demolition or site preparation in connection with the Project or any existing Improvements on the Property The City makes no representations as to the availability or suitability of utility connections to the Property Developer shall make arrangements for utility services directly with utility service providers Any costs of installation, connection, relocating or upgrading shall be paid by Developer, including but not limited to, water, sanitary sewer and storm and sewer mains,streetlights,electric utilities, and fire hydrants 62 AS IS Except as otherwise expressly provided in the Disposition Agreement and the other agreements and instruments delivered at Closing thereunder (including this Covenant),City makes no warranties or representations as to the suitability of the soil conditions or any other conditions of the Property or structures thereon for any improvements to be constructed by Developer, and Developer warrants that it has not relied on representations or warranties, if any, made by City as to the physical or environmental condition of the Property or the structures thereon for any improvements to be constructed by the Developer 63 Approvals Approval by the City of the Approved Plans and Specs, any Material Modification or any other item pursuant to the Disposition Agreement, this Covenant or any other City-Developer Agreement shall not constitute a representation or warranty by the City that such item complies with Legal Requirements and the City assumes no liability with respect thereto Notwithstanding any provision of this Covenant to the contrary, the City is under no obligation or duty to supervise the design or construction of the Improvements, including the Project The City's approval of the Approved Plans and Specs or Material Modifications shall not constitute any 11 3 Z