Common use of City's Option Upon Default Clause in Contracts

City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5, the Parties agree that, in addition to any other remedies the City may have against the Subdivider for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate a process to replat the Property to revert to acreage of approximately the same boundary con­figura­tions of record existing before the Subdivi­sion plat for the Property was recorded. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat or by separate instrument which are deemed necessary to serve the portions of the property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of Property, the City shall give thirty (30) days first-class mailed notice to the Subdivider at its last known address.

Appears in 4 contracts

Samples: Escrow Agreement, Escrow Agreement, Escrow Agreement

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City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5, the Parties agree that, in addition to any other remedies the City may have against the Subdivider for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate a process to replat the Property to revert to acreage of approximately the same boundary con­figura­tions of record existing before the Subdivi­sion plat for the Property Proper­ty was recorded. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat or by separate instrument which are deemed necessary to serve the portions of the property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account Performance Bond to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of Property, the City shall give thirty (30) days first-class mailed notice to the Subdivider at its last known address.

Appears in 4 contracts

Samples: Substitute Agreement, Agreement, Substitute Agreement

City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5Agreement, the Parties agree that, in addition to any other remedies the City may have against the Subdivider for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate a process to replat the Property to revert to acreage of approximately the same boundary con­figura­tions of record existing before the Subdivi­sion plat for the Property Proper­ty was recorded. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat or by separate instrument which are deemed necessary to serve the portions of the property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account Letter of Credit to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of the Property, the City shall give thirty (30) days first-class mailed prior notice to the Subdivider at its last known address., by first class mail..

Appears in 2 contracts

Samples: Agreement, Agreement

City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5Agreement, the Parties agree that, in addition to any other remedies the City may have against the Subdivider or Trustee for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate prepare and record a process to replat of the Property to revert to acreage of approximately Property, eliminating the same boundary con­figura­tions of record existing before Improvements that have not been constructed and the Subdivi­sion plat for the Property was recordedlots or parcels served by those Improvements. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat Plat or by separate instrument which are deemed necessary to serve the portions of the property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of Property, the City shall give thirty (30) days first-class mailed notice to the Subdivider and Trustee at its their last known addressaddresses.

Appears in 2 contracts

Samples: Substitute Agreement, Substitute Agreement

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City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5Agreement, the Parties agree that, in a addition to any other remedies the City may have against the Subdivider or Trustee for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate a process to replat the Property to revert to acreage of approximately the same boundary con­figura­tions configurations of record existing before recording of the Subdivi­sion plat Subdivision Plat for the Property was recordedProperty. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat Plat or by separate instrument which are deemed the City deems necessary to serve the portions of the property Property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of the Property, the City shall give thirty (30) days first-class mailed notice to the Subdivider and Trustee at its their last known address.

Appears in 1 contract

Samples: Substitute Agreement

City's Option Upon Default. If Subdivider defaults on its obligations under this Agreement as provided in Paragraph 5Agreement, the Parties agree that, in addition to any other remedies the City may have against the Subdivider for failure to perform as required under this Agreement, the City shall have and is hereby granted the right, at its sole discretion, to initiate a process to replat the Property to revert to acreage of approximately the same boundary con­figura­tions of record existing before the Subdivi­sion plat for the Property Proper­ty was recorded. The Subdivider hereby authorizes the City to execute on behalf of the Subdivider all documents necessary to replat the Property. The replat may exclude any dedications to the public which were made on the Subdivision plat or by separate instrument which are deemed necessary to serve the portions of the property which are not replatted or to necessarily serve the public. Subdivider shall pay the reasonable costs incurred in replatting. The City may use some or all of the proceeds of the Account Letter of Credit to pay for the replatting of the Property. Prior to initiating any action to replat the Property or any portion of the Property, the City shall give thirty (30) days first-class mailed prior notice to the Subdivider at its last known address, by first class mail.

Appears in 1 contract

Samples: Letter of Credit

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