Common use of Other Remedies for Default Clause in Contracts

Other Remedies for Default. If the Developer fails to comply with the City Engineer's requirements for payment as described above, fails to maintain, repair or replace the Improvements as required, or otherwise violates this Agreement’s provisions, and there is a risk that development will continue in the subdivision or on the Site without the maintenance, repair or replacement of all required Improvements or compliance with any Agreement provisions, the City Engineer may, with the City Administrator’s approval, in addition or alternatively to other remedies: (a) Suspend the right of anyone to build or construct on the Site or any undeveloped portion thereof. For the purpose of this Subsection the "undeveloped portion" of a Site means for a subdivision all lots other than lots which have been sold for use and occupancy or are then under bona fide contract for sale to any person for use or occupancy. The City Engineer shall give the Developer ten (10) days' written notice of an order under this Subsection, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that maintenance, repair or replacement of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended on the Site or the undeveloped portion of the subdivision. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City Engineer at the Site or subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the City Engineer. 1. If said notice is for a Site or subdivision: THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. 2. If said notice is for a lot: THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded in whole or in part only when the City Engineer is convinced that timely maintenance, repair or replacement of the Improvements is adequately assured in all or an appropriate part of the Site or subdivision; or (b) Suspend the rights of the Developer, or any related entity, to construct structures in any Development preliminarily platted after the effective date of such suspension throughout City of St. Xxxxxx. The City Engineer shall give the Developer ten (10) days' written notice of an order under this clause, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that timely maintenance, repair or replacement of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded only when the City Engineer is convinced that timely maintenance, repair or replacement of the Improvements is adequately assured.

Other Remedies for Default. If the Developer fails to comply with the City Engineer's requirements for payment as described above, fails to maintain, repair or replace the Improvements as required, or otherwise violates this Agreement’s provisions, and there is a risk that development will continue in the subdivision or on the Site without the maintenance, repair or replacement of all required Improvements or compliance with any Agreement provisions, the City Engineer may, with the City Administrator’s approval, in addition or alternatively to other remedies: (a) Suspend the right of anyone to build or construct on the Site or any undeveloped portion thereof. For the purpose of this Subsection the "undeveloped portion" of a Site means for a subdivision all lots other than lots which have been sold for use and occupancy or are then under bona fide contract for sale to any person for use or occupancy. The City Engineer shall give the Developer ten (10) days' written notice of an order under this Subsection, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that maintenance, repair or replacement of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended on the Site or the undeveloped portion of the subdivision. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City Engineer at the Site or subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the City Engineer. 1. If said notice is for a Site or subdivision: THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX PETERS CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX PETERS CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX PETERS CITY CODE. 2. If said notice is for a lot: THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX PETERS CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX PETERS CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX PETERS CITY CODE. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded in whole or in part only when the City Engineer is convinced that timely maintenance, repair or replacement of the Improvements is adequately assured in all or an appropriate part of the Site or subdivision; or (b) Suspend the rights of the Developer, or any related entity, to construct structures in any Development preliminarily platted after the effective date of such suspension throughout City of St. Xxxxxx. The City Engineer shall give the Developer ten (10) days' written notice of an order under this clause, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that timely maintenance, repair or replacement of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded only when the City Engineer is convinced that timely maintenance, repair or replacement of the Improvements is adequately assured.

Other Remedies for Default. If the Developer or letter of credit provider fails to comply with the City Engineer's requirements for payment as described above, fails to maintain, repair or replace complete the Improvements as required, or otherwise violates this Agreement’s provisions, and there is a risk that development will continue in the subdivision or on the Site without the maintenance, repair or replacement timely prior completion of all required Improvements or compliance with any Agreement provisions, the City Engineer may, with the City Administrator’s approval, in addition or alternatively to other remedies: (a) Suspend the right of anyone to build or construct on the Site or any undeveloped portion thereof. For the purpose of this Subsection the "undeveloped portion" of a Site means for a subdivision all lots other than lots which have been sold for use and occupancy or are then under bona fide contract for sale to any person for use or occupancy. The City Engineer shall give the Developer ten (10) days' written notice of an order under this Subsection, with copies to all letter of credit providers as appropriate, who have outstanding obligations for any undeveloped portion of the Site or subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that maintenance, repair or replacement completion of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended on the Site or the undeveloped portion of the subdivision. The order shall be served upon the Developer, with a copy to the issuer of the letter of credit as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City Engineer at the Site or subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the City Engineer. 1. If said notice is for a Site or subdivision: THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. 2. If said notice is for a lot: THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded in whole or in part only when the City Engineer is convinced that timely maintenance, repair or replacement completion of the Improvements is adequately assured in all or an appropriate part of the Site or subdivision; or (b) Suspend the rights of the Developer, or any related entity, to construct structures in any Development preliminarily platted after the effective date of such suspension throughout City of St. Xxxxxx. The City Engineer shall give the Developer ten (10) days' written notice of an order under this clause, with a copy to any letter of credit providers known to the City Engineer who have obligations outstanding on behalf of the Developer or related entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that timely maintenance, repair or replacement completion of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended. The order shall be served upon the Developer, with a copy to the letter of credit providers as appropriate, and a copy recorded with the Recorder of Deeds. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded only when the City Engineer is convinced that timely maintenance, repair or replacement completion and maintenance of the Improvements is adequately assured.

Other Remedies for Default. If the Developer fails to comply with the City Engineer's requirements for payment as described above, fails to maintain, repair or replace complete the Improvements as required, or otherwise violates this Agreement’s provisions, and there is a risk that development will continue in the subdivision or on the Site without the maintenance, repair or replacement timely prior completion of all required Improvements or compliance with any Agreement provisions, the City Engineer may, with the City Administrator’s approval, in addition or alternatively to other remedies: (a) Suspend the right of anyone to build or construct on the Site or any undeveloped portion thereof. For the purpose of this Subsection the "undeveloped portion" of a Site means for a subdivision all lots other than lots which have been sold for use and occupancy or are then under bona fide contract for sale to any person for use or occupancy. The City Engineer shall give the Developer ten (10) days' written notice of an order under this Subsection, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that maintenance, repair or replacement completion of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended on the Site or the undeveloped portion of the subdivision. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City Engineer at the Site or subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the City Engineer. 1. If said notice is for a Site or subdivision: THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. 2. If said notice is for a lot: THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF ST. XXXXXX CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF ST. XXXXXX CITY ENGINEER REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE PROVISIONS OF THE ST. XXXXXX CITY CODE. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded in whole or in part only when the City Engineer is convinced that timely maintenance, repair or replacement completion of the Improvements is adequately assured in all or an appropriate part of the Site or subdivision; or (b) Suspend the rights of the Developer, or any related entity, to construct structures in any Development preliminarily platted after the effective date of such suspension throughout City of St. Xxxxxx. The City Engineer shall give the Developer ten (10) days' written notice of an order under this clause, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the City Engineer is not convinced by compelling evidence that timely maintenance, repair or replacement completion of the Improvements is adequately assured as provided herein, the City Engineer shall order construction suspended. The order shall be served upon the Developer, and a copy recorded with the Recorder of Deeds. The City shall not thereafter authorize construction, building or demolition activity to take place contrary to the City Engineer's order. The suspension shall be rescinded only when the City Engineer is convinced that timely maintenance, repair or replacement completion and maintenance of the Improvements is adequately assured.