4.15. SR 04-21-2014 - Laserfiche WebLink

Home Browse Search

15. Default. (01) Remedies. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. (02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns,violates any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the City,at its option,in addition to its other rights and remedies,by written notice of default given to the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, due and payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default to Developer. If Developer fails to make payment in the amount and at the time specified in the City's notice of default to Developer, City may, at its option, draw on the security provided by Developer pursuant to Section 9 of this Agreement and/or commence legal action against Developer to collect the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be personally liable for such amounts due and,if more than one, such liability shall be joint and several. 16. Issuance of Building and Occupancy Permits. (01) Building Permits. The City may issue building permits for the construction of the approved car dealership prior to completion of the public and private infrastructure, provided that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate of occupancy(said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. (02) Notice to buyer. If the Developer fails to comply with any of provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further,Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 17. Road Maintenance. (01) Developer shall maintain the public road until the connection with 1701b Lane in Natures Edge Business Park is completed. Maintenance shall include snowplowing, street sweeping, repairs, and all other work necessary to ensure that the road is kept at city standards. 10