Zoning Resolution 26-Z-225 - Laserfiche WebLink

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N M Modification complies in all respects with the Declaration of Condominium, the Association's governing documents, and all applicable laws, codes, and regulations; and (d) Owner has disclosed to Developer all material facts relating to the Modification and the Association's approval thereof. Owner acknowledges that Developer is relying on these representations and warranties in providing its approval hereunder. 7. Owner's CO Closeout Cooperation. Owner shall fully cooperate with Developer in connection with Developer's certificate of occupancy closeout process as it pertains to the Unit, separation of the Unit, and the Modification, including without limitation: (a) providing timely access to the Unit for inspections required by the City or Developer's consultants; (b) promptly executing any documents, applications, or consents required by the City or other governmental authority in connection with the closeout of Developer's master building permit; (c) refraining from any action that would delay, impair, or complicate the issuance of Developer's final certificate of occupancy; and (d) timely providing the Developer with the As -Built Drawings. Any costs incurred by Developer as a result of Owner's failure to cooperate in the certificate of occupancy close out process for the Unit, as modified, shall be borne solely by Owner and reimbursed to Developer within fifteen (15) days of written demand. The obligations of this Section 7 shall survive the closing of any sale or transfer of the Unit, the issuance of the certificate of occupancy, and the termination or expiration of this Agreement. 8. Developer's Cooperation with Owner. Developer shall have no obligation to take any action in connection with the Modification that could adversely affect its regulatory standing, permits, or certificate of occupancy, and Owner agrees to reimburse Developer for any out-of-pocket costs incurred in connection with any cooperation on the Modification within fifteen (15) days of written demand. 9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights Developer may have under the 777 Via Acqualina Declaration of Condominium, the Purchase Agreement between the parties, or applicable law. 10. Assignment. Developer may assign its rights and obligations under this Agreement to any successor developer, affiliate, or entity responsible for obtaining the Project's final certificate of occupancy, without Owner's consent. Owner may not assign or transfer any of its obligations under this Agreement without Developer's prior written consent, which may be withheld in Developer's sole discretion. 11. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Florida. Any disputes shall be resolved exclusively with venue in the courts of Miami -Dade County, Florida. 12. Entire Agreement. This Agreement, together with the Approval Letter of even date, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions. This Agreement may not be modified except by a written instrument signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. A3 DEVELOPMENT, LLC, a Florida limited liability company By: Name: +,,, Title: Authorized Representative Page 3 of 4 LW