Common use of Failure to Commence Construction Clause in Contracts

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreement, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, and/or street improvements by utilizing the Performance Bond or Construction Cash Deposit. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event the Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions service to the Developer’s Property, then the City may give the Developer and Additional Owners notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developerthe Developer and Additional Owners. In such event, the City shall retain all payments and deposits made by the Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, stormwater and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of the Developer’s prepared plans is occasioned by failure of the Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service stormwater, and/or street extensions service to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions service to Developer’s Property, then the City may give Developer and Additional Owners notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to DeveloperDeveloper and Additional Owners. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, stormwater and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions service to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, stormwater and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions service to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, stormwater and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions to Developer’s Property, then the City may give Developer notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to Developer. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.

Failure to Commence Construction. In the event Developer, after the receipt of approved construction plans from the City, has not commenced construction within five (5) years of executing this Agreementconstruction, and if the City determines, in its absolute discretion, that it is necessary that the Extensions be completed in order that the City can provide water, sewer, and/or stormwater service and/or street extensions service to Developer’s Property, then the City may give Developer and Additional Owners notice (by certified mail to the addresses shown herein) that construction of the water, sewer, stormwater, and street improvements must be commenced within sixty (60) calendar days of mailing said notice. If construction is not commenced within the time specified in said notice, the City may terminate this Agreement by written notice to DeveloperDeveloper and Additional Owners. In such event, the City shall retain all payments and deposits made by Developer to the City and the City may, at its discretion, proceed with construction of the water, sewer, stormwater, stormwater and/or street improvements by utilizing the Performance Bond or Construction Cash Depositimprovements. If a delay in the City’s preparation of the plans or the City’s review of Developer’s prepared plans is occasioned by failure of Developer to provide necessary data or information to the City’s engineer for a period of sixty (60) days after notice of the need for such data or information, then the City may terminate this Agreement by written notice to the Developer.