Resolution 2015-86 - Laserfiche WebLink

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8.1 Breach of Agreement. In the event that the Developer should fail to timely comply with any of the terms, conditions, covenants and undertakings of the Agreement, and if such noncompliance is not cured and brought into compliance within thirty (30) days of written notice of brcach of the Developer by the City (which period shall be extended for a reasonable period determined by the City if such cure cannot reasonably be effected within such thirty (30) day period and so long as Developer has commenced with such 30-day period, and thereafter is diligently pursuing, as cure for such failure), unless the City in writing and in its sole discretion designates a longer curt period, then the City may draw upon the Improvement Guarantee and complete such unfinished Developer Improvements at Developer's expense. Developer's expense shall be limited to thc reasonable costs incurred by the City, as defined herein. Notice by the City to thc Developer will specify the conditions of default. In the event that no Improvement Guarantee has been postcd or thc Improvement Guarantee has been exhausted or is insufficient, thcn the City has the right to begin work on the Developer Improvements at the expense of the Developer. If Developer received notice and failure to cure as described above, and thc City determines in its reasonable discretion that an emergency exists, such that the Developer Improvement must be completed in less than seven (7) days, the City may immediately draw upon the Improvement Guarantec if available and may complete such Developer Improvements at Developer's expense even if the Improvement Guaranty is not available; in such event, the City shall use its best efforts to notify Developer at the earliest practical date and time. The City may also, after providing notice and any failure to timely cure by Developer; withhold any additional building permits, certificates of occupancy, or provision of new utilities fixtures or services. Nothing herein shall be construed to limit the City from pursuing any other remedy at law or in equity which may be appropriate under city, state or federal law. Failure to timely complete construction of Developer which is solely due to inclement weather shall not be considered a breach of the Agreement. Any costs incurrcd by the City, including, but not limited to, administrative costs and reasonable attorney's fees, in pursuit of any remedies due to the breach by the Developer (after notice and cure periods) shall be the responsibility of the Developer. The City may deduct these costs from the Improvement Guarantee as provided herein. 8.2 Recording of .Agreement. The City shall record this Agreement at Developer's expense in thc office of the Clerk and Recorder, County of Boulder, State of Colorado, and the City shall retain the recorded Agrccment. 8.3 Binding Effect of Agrccment. This Agreement shall run with thc land included within the Development and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 8.4 Agreement Status After Final Acceptance. Upon Final Acceptance by City of the Developer Improvements and compliance by Developer with all terms and conditions of this Agreement, and provided that no litigation or claim is pending relating to this Agreement, then (a) the provisions of this Agreement concerning the completion of improvements shall no longer be in effect and (b) ,City shall promptly record a Release of Development Agreement which states that the provisions of this Agrccment concerning the completion of Developer