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2003-178 Council Resolution
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2003-178 Council Resolution
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7/29/2015 1:47:59 PM
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7/29/2015 11:50:34 AM
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City Council
Council Document Type
Resolutions
Meeting Date
10/13/2003
Council Meeting Type
Regular
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• <br />At any time after the completion date and any extensions thereof, if any of the work is <br />deemed incomplete, the City may proceed in any one or more of the following ways to enforce <br />the undertakings herein set forth, and to collect any and all expenses incurred by the City in <br />connection therewith, including, but not limited to, engineering, legal, planning and litigation <br />costs and expense. The enumeration of the remedies hereunder shall be in addition to any other <br />remedies available to the City. <br />1. Specific Performance. The City may, in writing, direct the Developer to cause the <br />Work to be undertaken and completed within a specified reasonable time. If the Developer fails <br />to cause the Work to be done and completed in a manner and time reasonably acceptable to the <br />City, the City may proceed to bring an action for specific performance to require work to be <br />undertaken. <br />2. Completion by the City. The City, after not less than 10 days' prior written notice <br />(or such longer period as may be reasonably required to cure the default if Developer has <br />commenced cure of such default and such cure cannot reasonably be completed within such 10 - <br />day period), may enter the premises and proceed to have the Work done either by contract, by <br />day labor or by regular City forces. The Developer may not question the manner of doing such <br />work or the letting of any such contracts for the doing of any such work. Upon completion of <br />such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. <br />3. Deposit of Financial Guarantee. In the event the financial guarantee has been <br />submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum <br />equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined <br />herein,. The money shall be deemed to be held by the City for the purpose of reimbursing the <br />City for any costs incurred in completing the Work as hereinafter specified. Any funds <br />remaining after completion of the project shall be returned to the Developer. <br />
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