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Last modified
7/17/2007 12:08:10 PM
Creation date
12/8/2004 12:39:24 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
2736
Planning Files - Type
Planned Unit Development
Address
1061 ROSELAWN AVE
Applicant
MASTERPIECE HOMES/GORDY HOW
PIN
142923220003
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<br />8. DEVELOPER's Default. <br /> <br />In the event of a default by the DEVELOPER, as to any of the work to be perfonned <br />by it hereunder, the CITY may withhold certificate of occupancies iTom the Developer <br />or, at its option, perfonn such grading, landscaping, and sidewalk work, and the <br />DEVELOPER shall promptly reimburse the CITY for any expense which it incurs. If <br />the CITY is not reimbursed within 15 days from the date of the billing for the cost of <br />performing such work, the CITY shall be reimbursed from the letter of credit identified <br />in Section 7-A above. <br /> <br />The CITY agrees to give the DEVELOPER written notice of its default not less than <br />thirty (30) days prior to the commencement of the CITY's work. The CITY and the <br />DEVELOPER recognize that weather conditions may affect the ability of the <br />DEVELOPER to perfonn the work required to be perfonned hereunder and agree that <br />such thirty (30) days shall not include those days on which weather conditions preclude <br />perfonnance by the DEVELOPER. <br /> <br />Notice to the Developer shall constitute, without further action, notice to any contractor <br />or subcontractor. This Agreement is a license for the CITY to act. When the CITY <br />does any such work, 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 above notice requirements <br />shall not be required by the CITY to control erosion problems. <br /> <br />9. Miscellaneous. <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors <br />or assigns, as the case may be. <br /> <br />B. Breach of any material tenn of this Agreement by the DEVELOPER shall <br />be grounds for denial of building permits. The CITY shall give the <br />breaching DEVELOPER 30 days notice prior to exercising its right to <br />deny pennits. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph or phrase <br />of this Development Contract is for any reason held invalid as a result of <br />a chal1el1ge brought by the DEVELOPER, their agents or assigns, the <br />CITY may, at its option, declare the entire Agreement null and void, and <br />approval of the final development plan shall thereby be revoked. <br />
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