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(d) If the plat is a phase of a multi -phase preliminary plat, the City may refuse <br />to approve final plats of subsequent phases if the Developer has breached this contract <br />and the breach has not been remedied. <br />(e) Take whatever action, including legal or administrative action, which may <br />appear necessary or desirable to the City to enforce performance and observance of any <br />obligation, agreement, or covenant of the Developer under this Agreement and shall be <br />entitled to collect any and all expenses incurred by the City in connection therewith, <br />including, but not limited to, engineering, legal, planning and litigation costs and expense. <br />Section 16.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the City is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy given <br />under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or <br />omission to exercise any right or power accruing upon any default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right or power may be exercised <br />from time to time and as often as may be deemed expedient. <br />Section 16.4. No Additional Waiver Implied by One Waiver. In the event any <br />agreement should be breached by Developer and thereafter waived by the City, such waiver shall <br />be limited to the particular breach so waived and shall not be deemed to waive any other <br />concurrent, previous or subsequent breach hereunder. <br />ARTICLE XVII <br />Additional Provisions <br />Section 17.1. Right to Repurchase. Subject to Unavoidable Delays or any delay <br />attributable to the City, if the Developer fails to commence construction of the Improvements <br />prior to June 1, 2014, the City, in its discretion and upon written notification to the Developer <br />within thirty (30) days after said date, may elect to repurchase the Property from the Developer. <br />The repurchase price shall be the same price paid by the Developer to the City to purchase the <br />Property, less the City's actual closing costs incurred in (1) the original sale of the Property to the <br />Developer and; (2) the City's actual closing costs incurred in the repurchase of the Property from <br />the Developer, payable at the time of the repurchase. The right -of -repurchase may be enforced <br />by any appropriate means, including an action for specific performance. <br />Section 17.2. Restrictions on Use. The Developer agrees for itself, its successors and <br />assigns and every successor in interest to the Property, or any part thereof, that the Developer <br />and such successors and assigns shall devote the Property to, and only to, and in accordance <br />with, the uses specified in the City Code or in approved variances, for the term of this <br />Agreement. <br />Section 17.3. Conflicts of Interest. No member of the governing body or other official <br />of the City shall have any financial interest, direct or indirect, in this Agreement, the Property, or <br />any contract, agreement or other transaction contemplated to occur or be undertaken thereunder <br />20 <br />