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10/14/2002 Council Packet
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10/14/2002 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
10/14/2002
Council Meeting Type
Regular
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• <br />• <br />• <br />by the City. This contract is a license for the City to act and shall not be <br />necessary for the City to seek a court order for permission to enter the <br />land. <br />3. The City may, at its option, in addition to the rights and remedies as set <br />out hereunder may withhold issuance of any Building Permit, Certificate <br />of Occupancy or protective inspections necessary for construction and <br />occupation of that portion of the proposed development site that is in <br />default until such time as such default has been corrected to the reasonable <br />satisfaction of the City. <br />4. The City may, take whatever action, including legal, equitable or <br />administrative action, which are necessary to collect any payments due <br />under this Agreement, or to enforce performance and observation of any <br />obligation, agreement, or covenant of the Developer under this Agreement. <br />C. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City <br />is intended to be exclusive of any other available remedy or remedies, but each <br />and every such remedy shall be cumulative and shall be in addition to every other <br />remedy given under this Agreement or now or hereafter existing at law or in <br />equity or by statute. No delay or omission to exercise any right or power accruing <br />upon any default shall impair any such right or power or shall be construed to be a <br />waiver thereof, but any such right and power may be exercised from time to time <br />and as often as may be deemed expedient. In order to entitle the City to exercise <br />any remedy reserved to it, it shall not be necessary to give notice, other than such <br />notice as may be required in this Article 15. <br />D. No Additional Waiver Implied By One Waiver. In the event any agreement <br />contained in this Agreement should be breached by either party and thereafter <br />waived by the other party, such waiver shall be limited to the particular breach so <br />waived and shall not be deemed to waive any other concurrent, previous or <br />subsequent breach hereunder. <br />16. GENERAL. <br />A. Binding Effect <br />1. The terms and provisions hereof shall be binding upon and inure to the <br />benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the <br />Subdivision and shall be deemed covenants running with the land. <br />B. Notices <br />1. Required notices to the Developer shall be in writing and shall either be <br />hand delivered to the Developer, to the attention of Timothy O. Baylor, or <br />JADT AGREEMENT 8 <br />10/09/02 <br />
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