My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
75A - PH - RESO - SALE 2129 N MAIN ST
Clerk
>
Agenda Packets / Staff Reports
>
City Council (2004 - Present)
>
2016
>
09/20/2016
>
75A - PH - RESO - SALE 2129 N MAIN ST
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/15/2016 4:45:07 PM
Creation date
9/15/2016 4:19:57 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
9/20/2016
Destruction Year
2021
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
26
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT <br />WOULD BE SUFFERED BY THE CITY UPON THE BREACH OF THIS AGREEMENT BY <br />THE DEVELOPER. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO <br />ASCERTAIN THE ACTUAL DAMAGES THE CITY WOULD SUFFER UPON THE <br />BREACH OF THIS AGREEMENT BY ANOTHER PARTY, THE PARTIES AGREE THAT A <br />REASONABLE ESTIMATE OF THE CITY'S TOTAL DAMAGES IN SUCH EVENT IS THE <br />LIQUIDATED DAMAGES AMOUNT. RECEIPT OF THE LIQUIDATED DAMAGES <br />AMOUNT SHALL BE THE CITY SOLE AND EXCLUSIVE REMEDY ARISING FROM <br />ANY BREACH OF THIS AGREEMENT BY THE DEVELOPER, NOTWITHSTANDING <br />THE FOREGOING, IF DEVELOPER'S BREACH IS A FAILURE TO MAINTAIN THE <br />INITIAL OR ADDITIONAL DEPOSIT REQUIRED BY THIS AGREEMENT, IN ADDITION <br />TO THE LIQUIDATED DAMAGES DEVELOPER SHALL REIMBURSE THE CITY FOR <br />THE ACTUAL INCURRED STAFF TIME AND THIRD PARTY CONSULTANT TIME <br />EXPENDED ON THE PROJECT PRIOR TO THE DATE OF TERMINATION. <br />Initials of Authorized <br />Representative of City <br />13. Default. <br />Initials of Authorized <br />Representative of Developer <br />(a) Failure or delay by any Party to perform any material term or provision of <br />this Agreement shall constitute a default under this Agreement, If the Patty who is claimed to be <br />in default by another Party cures, corrects or remedies the alleged default within fifteen (15) <br />calendar days after receipt of written notice specifying such default, such Party shall not be in <br />default under this Agreement. The notice and cure period provided in the immediately preceding <br />sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than <br />fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this <br />Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation <br />Period. Nothing in this subparagraph (a) shall prohibit Developer from extending the <br />Negotiation Period pursuant to Paragraph 3. <br />(b) The Party claiming that a default has occurred shall give written notice of <br />default to the Party claimed to be in defardt, specifying the alleged default. Delay in giving such <br />notice shall not constitute a waiver of any default nor shall it change the time of default, <br />However, the injured Party shall have no right to exercise any remedy for a default under this <br />Agreement, without first delivering written notice of the default, <br />(c) Any failure or delay by a Party in asserting any of its rights or remedies as <br />to any default shall not operate as a waiver of any default or of any rights or remedies associated <br />with a default. <br />(d) If a default of any Party remains uncured for more than fifteen (15) <br />calendar days following receipt of written notice of such default, a "breach" of this Agreement <br />by the defaulting Party shall be deemed to have occurred. In the event of a breach of this <br />Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate <br />-9- <br />75A -13 <br />
The URL can be used to link to this page
Your browser does not support the video tag.