pf_02736 - Laserfiche WebLink

Home

8. DEVELOPER's Default. In the event of a default by the DEVELOPER, as to any of the work to be perfonned by it hereunder, the CITY may withhold certificate of occupancies iTom the Developer or, at its option, perfonn such grading, landscaping, and sidewalk work, and the DEVELOPER shall promptly reimburse the CITY for any expense which it incurs. If the CITY is not reimbursed within 15 days from the date of the billing for the cost of performing such work, the CITY shall be reimbursed from the letter of credit identified in Section 7-A above. The CITY agrees to give the DEVELOPER written notice of its default not less than thirty (30) days prior to the commencement of the CITY's work. The CITY and the DEVELOPER recognize that weather conditions may affect the ability of the DEVELOPER to perfonn the work required to be perfonned hereunder and agree that such thirty (30) days shall not include those days on which weather conditions preclude perfonnance by the DEVELOPER. Notice to the Developer shall constitute, without further action, notice to any contractor or subcontractor. This Agreement is a license for the CITY to act. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part. If deemed impractical by the CITY, the above notice requirements shall not be required by the CITY to control erosion problems. 9. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material tenn of this Agreement by the DEVELOPER shall be grounds for denial of building permits. The CITY shall give the breaching DEVELOPER 30 days notice prior to exercising its right to deny pennits. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Contract is for any reason held invalid as a result of a chal1el1ge brought by the DEVELOPER, their agents or assigns, the CITY may, at its option, declare the entire Agreement null and void, and approval of the final development plan shall thereby be revoked.