Zoning Resolution 26-Z-225 - Laserfiche WebLink

Home Browse Search

T M (c) any impact on the Developer's final certificate of occupancy for the Project resulting from the Modification, including any reasonable costs to satisfy revised as -built or permit closeout requirements necessitated by the Modification; (d) any failure by Owner to timely complete or obtain approval of the Modification; and (e) any claim, demand, action, or assertion of hardship brought by or through 777 Via Acqualina Condominium Association, Inc., The Estates Master Association, Inc., and 888 Via Acqualina Condominium Association, Inc. (collectively, the "Associations") or any unit owner, to the extent such claim arises from the Modification itself, whether arising from the Association's approval of the Modification, any common element impact, shared cost allocation, structural or mechanical concern, or any other consequence attributable to the Modification. Owner acknowledges that Developer has not independently evaluated the Association's approval of the Modification and that Developer's approval herein is given in reliance on Owner's representations that proper Associations' approval has been obtained and that the Modification complies with the 777 Via Acqualina Declaration of Condominium and all applicable law. Developer's approval shall not be construed as a warranty or representation regarding the adequacy of the Association's approval process or the Modification's compliance with the Declaration or applicable law. The obligations of this Section 2 shall survive the closing of any sale or transfer of the Unit, and the issuance of the certificate of occupancy. The obligations of this Section 2 shall survive until the expiration of all applicable statutes of limitations and repose under Florida law governing any claim, action, or proceeding arising out of or related to the Modification. Owner shall have the right to participate in any indemnified matter hereunder and to be represented by counsel of its own choosing and at its own expense. No settlement of a matter indemnified hereunder shall be entered without the Owner's advance written consent, which shall not be unreasonably withheld, conditioned, or delayed. Owner shall not settle any indemnified matter hereunder on Developer's behalf, without the Developer's prior written consent. No Impact on CO or Re ug latory Standing. Owner acknowledges that Developer's approval is conditioned on the Modification not causing any adverse effect on Developer's ability to obtain its final certificate of occupancy for the Project or any other pending regulatory approvals, provided that Developer shall provide Owner with prompt written notice of any potential adverse effect upon becoming aware of it. In the event the City or any governmental authority imposes additional requirements on Developer as a result of the Modification, Owner shall be solely responsible for timely and promptly satisfying or funding the satisfaction of such requirements at no cost, condition, or delay to Developer. 4. TDRs and Density. In the event any governmental reinterpretation, results in additional TDR purchases or density -related charges to Developer, Owner shall be responsible for all resulting costs. As -Built Drawings. CO Closeout Obligation. Owner shall deliver to Developer fully completed, City compliant as -built drawings for the separated units within seven (7) days of written request by Developer (the "As -Built Deadline"). Time is of the essence with respect to the As -Built Deadline. If Owner fails to deliver conforming as -built drawings by the As -Built Deadline, Developer shall have the right, but not the obligation, to obtain such drawings at Owner's sole cost and expense„ and Owner shall reimburse Developer for all costs incurred in connection therewith within fifteen (15) days of written demand. The obligations of this Section 5 are material to Developer's ability to obtain its final certificate of occupancy and shall survive the closing of any sale or transfer of the Unit, the issuance of the certificate of occupancy for the Level 34 Units, and the termination or expiration of this Agreement. b; Owner's Renresentations and Warranties. To the best of Owner's knowledge, Owner represents and warrants to Developer that: (a) the approval of the Modification by the, Association is valid, binding, and in full force and effect, and has not been revoked, modified, or challenged; (b) Owner has full authority under the Declaration of Condominium and all applicable governing documents to undertake the Modification; (c) the Page 2 of 4 IK