2018 05-15 CC PACKET - Laserfiche WebLink

Home

(d) If the plat is a phase of a multi -phase preliminary plat; the City may refuse to approve final plats. of subsequent phases if the Developer has breached this:Agreement and the breach has not been remedied, (e) Take whatever action; including. legal or administrative action, which may appear necessary or desirable to the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement and shall be entitled to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. Section 14.3. NOR Exclusive_ No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition.to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No. delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall. be construed to be a waiver thereof, but any such: right or power may be exercised from time to time and as often as. may be deemed expedient. Section 14.4, No Additional Waiverim Tied b One Waiver. In the event.any agreement should be breached.. by Developer and thereafter waived by the City, .such waiver shall be limited to the particular breach so waived. and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder, ARTICLE XV .Additional Provisions Section 15.1, Incorporation by Reference. All. City approved plans, special provisions, proposals, specifications and contracts for the improvements. furnished and let pursuant to this Agreement shall be and hereby are made a pari of this Agreement by reference as if fully set out Herein. Section 15,2. Notices and Demands: Except .as otherwise expressly provided in this Agreement, a notice,. demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered. if it is 'dispatched by registered. or certif ed mail, postage prepaid,xetum receipt requested; or delivered personally to the addresses hereiribefore set forth on Page 1, or at such other address with respect to either such Party as. that Party may, from time to time, designate in writing and forward to the other as provided in this Section. Section.15.3. Titles of Articles and Sections, Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section.15.4. Validity. If any portion,: section, subsection, sentence; clause, paragraph.or phrase in this Agreement is for any reason held.to be invalid by a court of competent jurisdiction, such decision shall not affect or void. any of the other provisions of this Agreement. 20