Common use of Landscaping Improvements Clause in Contracts

Landscaping Improvements. A. In the event that the Developer is unable to complete the Landscaping Improvements, as identified in this Agreement because of periods of adverse weather, Force Majeure, or for other reasons beyond the Developer’s control, as approved by the City, the Developer may submit to the City an additional Performance Guarantee for only the Landscaping Improvements in the form of a cash payment, a cashier’s check, assignment of funds or an irrevocable letter of credit payable to the City in an amount equal to one hundred fifty percent (150%) of the estimated cost of all uncompleted Landscaping Improvements. Upon receipt of any Performance Guarantee for Landscaping Improvements authorized by this paragraph, in a form acceptable to the City, the City may issue a certificate of occupancy. B. These Landscaping Improvements shall be completed at a time agreeable to both Parties; however, no later than eight (8) months from the date of approval of the request for the additional Performance Guarantee for the Landscaping Improvements by the Developer. The City shall release the Performance Guarantee for Landscaping Improvements only upon completion or Acceptance of all Landscaping Improvement obligations by the Developer. C. Failure of the Developer to complete the Landscaping Improvements as provided herein shall constitute a material breach of this Agreement, and unless cured, the City may declare the Developer in default of this Agreement in accordance with Section 15.00.