2019 09-17 CC PACKET - Laserfiche WebLink

Home

i.) all costs and liabilities arising because building permits were issued prior to the cornpletion and acceptance of the DEVELOPER IMPROVEMENTS. 13.2 NOTICE. Within a reasonable: period of time after the CITY's receipt. of actual. notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13. l; the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall not be obligated to make any payment to .the CITY for any such claim until the. passage of sixty (00) days from the date of its receipt. of FORMAL NOTICE from the CITY,. during. which time the DEVELOPER shall have the right to cure. or remedy the event leading to such claim. 13.3 DEFENSE OF CLAIM. Provided the CITY is not. in DEFAULT under the DEVELOPMENT CONTRACT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CITY by a third party of the nature covered by Sections 13.1 and 13.2 above, and provided that the CITY gives FORMAL ADVANCED NOTICE thereof,.the DEVELOPER will;. at its sole expense, provide for the. defense thereof with counsel of its own selection but approved by the CITY; the. DEVELOPER will pay a]I costs and expenses including. attorneys' fees incurred in so defending against such claims; provided that the CITY shall at all times also`have the right to. fully participate in the defense at the CITY's expense. If the DEVELOPER fails to defend, the: CITY shall have the right, but not the obligation., to undertake the defense of,. and to compromise or settle the: or other matter, for the account of and at the risk of the DEVELOPER. ARTICLE ILL CITY REMEDIES UPON DEVELOPER DEFAULT 14.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs., that is. not caused by FORCE MAJEURE, the CITY shall give the .DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) business days to: cure. the .DEVELOPER DEFAULT: If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within sixty (60) days, then the CITY may avail: itself of any remedy afforded, by: law and any of the following remedies: Z.) if the CITY reasonably determines that the remedies in b,), and d.) of this Article 14 are insufficient to protect the health: and safety of the City; it may suspend any work, improvement; or obligation to be performed by the CITY related. to the DEVELOPER DEFAULT; b.} the CITY may collect on.the irrevocable. letter of credit or cash deposit. pursuant to :Article 15 hereof to the extent necessary to cure the DEVELOPER DEFAULT; c.) if the CJTY reasonably determines that the remedies.in b.) and d:) of this Article 14 are insufficient.to protect the health. and safety of the CITY, it may suspend or deny Building and. occupancy permits for buildings within the CUP with DEVELOPERDEFAULT; respect to lots:directly affected by the. .