|
5. Grantee shall commence construction of such additional parking spaces as are then
<br />required by the City within ninety (90) days after receipt of such notice, unless Grantee elects to
<br />submit a new parking plan, in which case such construction shall commence within ninety (90)
<br />days after approval or rejection by the City Council of the proposed new plan. The 90-day period
<br />may be extended for delays due to weather, labor disputes, material shortages or unavailability of
<br />material, unavoidable casualty, acts of God, the public enemy, or other causes beyond the
<br />reasonable control of Grantee, in which case the 90-day period shall be extended by a period of
<br />time equal to any such delays; provided, that no extension shall be given for any such delay unless
<br />written notice of such delay is given to the City within ten (10) days after the commencement of
<br />the delay. Once commenced, the construction shall be completed with all due diligence as soon
<br />as possible thereafter. The City shall be the sole judge of whether Grantee is using due diligence
<br />in completing such construction.
<br />6. If any term, condition, or provision of this Agreement, or the application thereof to
<br />any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the
<br />remainder hereof and the application of such term, provision, and condition to persons or
<br />circumstances other than those as to whom is shall be held invalid or enforceable shall not be
<br />affected thereby, and this Agreement, and all the terms, provisions, and conditions hereof, shall,
<br />in all other respects, continue to be effective and to be complied with to the full extent permitted
<br />by law.
<br />7. In the event that Grantee fails or refuses to fully comply with all of its obligations
<br />under this Agreement, or violates any of the provisions hereof, and such failure, refusal or violation
<br />continues for a period of thirty (30) days after notice thereof is received by Grantee, then, in that
<br />event, in addition to any other remedies then available to the City at law or in equity, the City shall
<br />have the right to:
<br />(a) Revoke the parking variance described in this Agreement, in which case
<br />Grantee shall immediately construct all parking spaces required by the Plan,
<br />in full compliance with the Plan and all then applicable ordinances of the
<br />City;
<br />(b) Obtain enforcement of this Agreement by court order for mandatory
<br />injunction or other appropriate relief; and
<br />(c) Withhold, deny, or revoke any building permits, certificates of occupancy,
<br />utility connection permits and any other permits and approvals, including
<br />the parking variance granted in Case No. V 22-OS and described in this
<br />Agreement, issued or granted by the City for the construction or occupancy
<br />of all or any part of the Improvements, until such failure or refusal ends and
<br />the Grantee fully complies with its obligations hereunder.
<br />All of the foregoing remedies shall be usable and enforceable by the City separately or
<br />concurrently as the City shall determine, and the use of one remedy shall not waive or preclude
<br />the use of any or more of the other remedies. Also, the failure to exercise, or delay in exercising,
<br />any remedy hereunder in the event of a failure or refusal by Grantee, shall not preclude the City
<br />from thereafter exercising any of its remedies for the same or a subsequent failure or refusal.
<br />3
<br />
|