2019 09-17 CC PACKET - Laserfiche WebLink

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1.12 UTILITY COMPANIES.."UTILITY COMPANIES" means and includes, jointly and severally, the following: a) utility companies, including electric, gas, and cable; and b.) pipeline companies. 1.13, PRIOR EASEMENT HOLDERS: "PRIOR EASEMENT HOLDERS" means and includes, jointly and severally,:all Holders of any easements or other property interests which existed prior to the grant or dedication of any public easements transferred pursuant to this DEVELOPMENT CONTRACT. 1.14 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes, individually and collectively, all.the improvements identified in Article 4 and on the attached Exhibit.D3. 1.15 CITY IMPROVEMENTS. "CITY IMPROVEMENTS" means and includes, individually and collectively, all the improvements identified in this Agreement, of which there. are none. 1.I6 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS means and includes, individually and collectively, all the improvements identified and checked on the attached Exhibit D3 that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS. are. improvements to be constructed by the .DEVELOPER within public right=of way or public easements and which are to be approved and Iater accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part. of DEVELOPER IMPROVEMENTS. 1.17 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes,. jointly and severally, any of the following or any combination thereof: a.) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b.) failure by the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS. according to the .DEVELOPMENT PLANS .and the CITY .standards and. specifications; c) failure by the .DEVELOPER to observeor perform any material covenant, condition, obligation, or agreement under this. DEVELOPMENT CONTRACT; d.) breach of the DEVELOPER WARRANTIES: 1.18 FORCE MAJEURE. ``FORCE MAJEURE" means acts of God, including, but not. limited to floods, ice storms, blizzards, tornadoes; landslides, lightning,. and earthquakes (but not including..reasonably:anticipated weather conditions for the geographic area), riots, insurrections;