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<br />structure housing the soil contamination cleanup equipment <br />is removed. <br /> <br />C. The four spaces adjacent to the north side of the <br />convenience store building be temporarily eliminated until <br />the removal of the structure which houses the existing <br />pollution control equipment is complete. <br /> <br />8. DEVELOPER's Default. <br /> <br />In the event of a default by the DEVELOPER, as to any of the work <br />to be performed by it hereunder, the CITY may withhold <br />certificate of occupancies or, at its option, perform the work <br />and the DEVELOPER shall promptly reimburse the CITY for any <br />expense which it incurs. If the CITY is not reimbursed within 15 <br />days from the date of the billing for the cost of performing such <br />work, the CITY shall be reimbursed from the landscape bond or <br />letter of credit identified in Section 7-A above. <br /> <br />The CITY agrees to give the DEVELOPER written notice of its <br />default not less than thirty (30) days prior to the commencement <br />of the CITY'S work. The CITY and the DEVELOPER recognize that <br />weather conditions may affect the ability of the DEVELOPER to <br />perform the work required to be performed hereunder and agree <br />that such thirty (30) days shall not include those days on which <br />weather conditions preclude performance by the DEVELOPER. <br /> <br />Notice to the DEVELOPER shall constitute, without further action, <br />notice to any contractor or subcontractor. This Agreement is a <br />license for the CITY to act. When the City does any such work, <br />the CITY may, in addition to its other remedies, assess the cost <br />in whole or in part. If deemed impractical by the CITY, the <br />above notice requirements shall not be required by the CITY to <br />control erosion problems. <br /> <br />9. Miscellaneous. <br /> <br />A. This Agreement shall be binding upon the parties, their <br />heirs, successors or assigns, as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the <br />DEVELOPER shall be grounds for denial of building <br />permits. The City shall give the DEVELOPER 30 days <br />notice, prior to exercising its right to deny permits. <br /> <br />C. If any portion, section, subsection, sentence, clause, <br />paragraph or phrase of this Development Contract is for <br />any reason held invalid as a result of a challenge <br />brought by the Developer, its agents or assigns, the <br />CITY may, at its option, declare the entire Agreement <br />null and void, and approval of the preliminary plat and <br />final development plan shall thereby be revoked. <br /> <br />D. This Agreement shall run with the Subject Property and <br />