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2006_0620_Packet
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2006_0620_Packet
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5/12/2014 12:51:49 PM
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7.8 Tras�i Enclosure: The two detached trash enclosures must meet the requirements of <br />Section 1010.11 (Trash Handling Equipment). <br />8.0 DEVELOPER DEFAULT: <br />A default with regard to a conveyed parcel will not constitute a default with regard to the <br />parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained <br />or other conveyedparcels otherwise comply with applicable provisions of this <br />Agreement. <br />8.1 For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, <br />obligation or agreement of the DEVELOPER hereunder; and the continuance of such <br />fai��,�re for a�rtc,�3 of thiriy (30) days after written nc�tice thereof from the City (or such <br />longer period of time as may reasonably be necessary to cure any such default, if such <br />default is not reasonably curable within such thiriy (30) day period) shall constitute a <br />DEVELOPER default hereunder. Within the thirty (30) day period after notice is given, a <br />request may made for a hearing (by either pariy) to be held before the City Council to <br />determine if a default has occurred. Upon the occurrence of DEVELOPER default, the <br />City may withhold any certificate of occupancy for improvements proposed to be <br />constructed. <br />8.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel <br />or parcels of land within the PUD to a third pariy, and the conveyed parcels shall remain <br />subject to all of the terms of the PUD specifically relating to said parcels. In that case, the <br />parties agree as follows: <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of <br />the obligations hereunder, will not constitute a default with regard to the conveyed <br />parcel and will not entitle the CITY to exercise any of its rights and remedies <br />hereunder with respect to such conveyed parcel, so long as the owner of the <br />conveyed parcel otherwise complies with applicable provisions of the PUD. <br />B. A default with regard to a conveyed paz�cel will not constitute a default with regard <br />to the parcels retainec� by the DEVELOPER or other conveyed parcels, so �ong as <br />such retained or other conveyed parcels otherwise comply with applicable <br />provisions of this Agreement. <br />9.0 MISCELLANEOUS <br />9.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or <br />assigns, as the case may be. <br />9.2 Breach of any material term of this Agreement by the DEVELOPER shall be ground for <br />denial of building permits, except as otherwiseprovided in Section 10.0. <br />� <br />� <br />
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