Breach by Developer; City’s Remedies. In the event of a default or breach by the Owner of any term, condition, covenant, or obligation under this Agreement, the City may take action, as it deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City’s remedies include: (1) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers (i.e. purchasers of individual lots by persons unrelated to Owner); (2) A demand that the security given for the completion of the public improvements be paid or honored; (3) The refusal to consider further development plans within the Property; and /or (4) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents, the City shall provide the Owner ten (10) days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City.
Appears in 4 contracts
Samples: Annexation Agreement, Annexation Agreement, Annexation Agreement
