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<br />9.15 Future Acquisition of Portions of the North Parcel for Park, Pathway, <br />Driveway, and/or Parking Purposes. The City may acquire (without <br />amendment to this Agreement) from the Developer, and at an appropriate and <br />mutually acceptable sum, utility easements, dedications, title, access, or use <br />agreements or easements over of portions of the northerly project parcel <br />which are not integral to the Developer's building operations for public park, <br />pathway, driveway, and/or parking purposes. <br /> <br />9.16 A marketing trailer may be placed on the site from the date of the initial <br />building permit or ground breaking ceremony (whichever comes first) and <br />may remain on the site for up to ten (10) months. City water and sewer must <br />serve it. This temporary marketing trailer and associated parking shall be <br />shown on the site plans (Exhibit A). <br /> <br />10. Developer's Default <br /> <br />In the event of a default by the Developer as to any of the work to be performed by it <br />hereunder the City may withhold the certificate of occupancy from the Developer. <br /> <br />The City agrees to give the Developer written notice of its default not less than thirty (30) <br />days prior to the commencement ofthe city's work to correct the default. The City and <br />the Developer recognize weather conditions may affect the ability of the Developer to <br />perform the work required to be performed hereunder and agree that such thirty (30) days <br />shall not include those days on which weather conditions preclude performance by the <br />Developer. <br /> <br />Notice to the Developer shall constitute, without further action, notice to any contractor <br />of subcontractor. If deemed impractical by the City, the above notice requirements shall <br />not be required for the city to control erosion or drainage problems which cause damage <br />beyond the project property lines. <br /> <br />11. Miscellaneous <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors or <br />assigns, as the case may be. <br />B. Breach of any material term of this Agreement by the Developer shall be <br />grounds for denial of building permits, except as otherwise provided in <br />Section 10. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph or phase of this <br />Development Agreement is for any reason held invalid as a result of a <br />challenge brought by the Developer, their agents or assigns, the balance of this <br />Agreement shall nevertheless remain in full force and effect. <br /> <br />Page 8 of 10 <br />