CCP 06062022 - Laserfiche WebLink

Home

Attachment A 1 5. In addition to the charges referred to herein, other charges may be imposed such as, but 2 not limited to, sewer availability charges (“SAC”), City water connection charges, City 3 sewer connection charges, City storm water connection charges and building permit fees. 4 The Developer shall pay all such other charges and fees upon being billed by the City. 5 U. Default.In the event of default by the Developer as to any of the work to be performed by it 6 hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse 7 the City for any expense incurred by the City, provided the Developer is first given notice of the 8 work in default not less than 48 hours in advance or immediately before the City commences 9 performing such work in the event of an emergency. This Agreement is a license for the City to act, 10 and it shall not be necessary for the City to seek a court order for permission to enter the Property. 11 When the City does any such work, the City may, in addition to its other remedies, assess the cost in 12 whole or in part, against the Developer and/or the Property. 13 V. Remedies. Upon the occurrence of a breach of this Agreement by the Developer, the City, in 14 addition to any other remedy which may be available to it, shall have the right to do any or all of the 15 following: 16 1. City may make advances or take other steps to cure the default, and where necessary, 17 enter the Property for that purpose. The Developer shall pay all sums so advanced or 18 expenses incurred by the City upon demand, with interest from the date of such advances 19 or expenses at the rate of 10% per annum or the maximumallowed by law, whichever is 20 less. No action taken by the City pursuant to this section shall be deemed to relieve the 21 Developer from curing any such default or from any other default hereunder. The City 22 shall not be obligated, by virtue of the existence or the exercise of this right, to perform 23 any such act or cure any such default. 24 2. Obtain an order from a court of competent jurisdiction requiring the Developer to 25 specifically perform its obligations pursuant to the terms and provisions of this 26 Agreement. 27 3. Obtain an order from a court of competent jurisdiction enjoining the continuation of an 28 event of default. 29 4. Halt all development work and construction of improvements until such time as the event 30 of default is cured. 31 5. Withhold the issuance of a buildingpermit and/or prohibit the occupancy of any 32 structure(s) for which permits have been issued. 33 6. Draw upon and utilize the Developer’s Financial Security to cover the costs of the City in 34 order to correct the default, the costs to complete any unfinished Public Improvements, 35 the costs to draw on the Financial Security and/or the costs to enforce this Agreement. 36 7. Terminate this Agreement by written notice to Developer at which time all terms and 37 conditions contained herein shall be of no further force or effect and all obligations of the 38 parties imposed hereunder shall be null and void. 39 8. Exercise any other remedies which may be available to it at law or in equity. 40 9. In addition to the remedies and amounts payable set forth or permitted above, upon the 41 occurrence of an event of default, the Developer shall pay to the City all fees and Page 10 of 17