2004-202 Council Resolution - Laserfiche WebLink

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satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. C. The City may suspend its performance under the Agreement, until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. D. The City may, at its option, perform any work required by Developer, and the Developer shall promptly reimburse the City for any expense incurred by the City. This contract is a license for the City to act and shall not be necessary for the City to seek a court order for permission to enter the land. E. The City may, at its option, in addition to the rights and remedies as set out hereunder may withhold issuance of any Building Permit, Certificate of Occupancy or protective inspections necessary for construction and occupation of that portion of the proposed development site that is in default until such time as such default has been corrected to the satisfaction of the City. F. The City may, take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observation of any obligation, agreement, or covenant of the Developer under this Agreement. G. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article 17. H. No Additional Waiver Implied By One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 18. GENERAL. A. Miscellaneous. 1. All Construction debris and trash shall be properly disposed of at Developer's expense and in a timely manner as determined by the City. Legacy at Woods Edge Agreement 9 12/17/04