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R2008-154 AUTHORIZING AGREEMENT
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R2008-154 AUTHORIZING AGREEMENT
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Last modified
10/21/2015 10:50:02 AM
Creation date
10/21/2015 10:49:57 AM
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Resolution/Ordinance
Res Ord Num
R2008-154
Res Ord Title
AUTHORIZING AGREEMENT CDBG FACADE PROGRAM
Approved Date
9/15/2008
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- � � �ook : 3941 Page : 151 <br /> competent contractor for the renovation of the exterior design and fa�ade of the <br /> building on or before December 16 , 2008. City reserves the right to reject <br /> any contract between Owner and contractor, for any reason or reasons that City <br /> might lawfully reject such a contract between City and the same contractor, <br /> including but not limited to responsible and responsive bidder requirements. <br /> Absent such an agreement, this Agreement shall be null and void. The owner <br /> will be notified in writing. <br /> 10. Material failure or delay by either City or Owner to timely perform any <br /> term or provision of this agreement other than demonstration of ownership <br /> described in Paragraph 1, above, shall constitute an "event of default" under this <br /> agreement. The party who so fails or delays must, upon receipt of written notice <br /> of the existence of such event of default, cure, correct or remedy such event of <br /> default, within thirty (30) days after having been given such notice. If the event of <br /> default is one which cannot be reasonably cured within a thirty (30) day period, <br /> upon request and with the appropriate showings the cure period shall be <br /> extended for such time as is reasonably necessary for the curing of the same, so <br /> long as there is diligent proceeding to cure such event of default. If an event of <br /> default is cured within either the original thirty (30) day period or a reasonable <br /> extension thereof, the event of default shall not be deemed a "default" under this <br /> agreement. An event of default not cured as provided herein shall constitute a <br /> default under this agreement. Any failure or delay by either party in asserting <br /> any of its rights or remedies as to any event of default or default shall not operate <br /> as a waiver of any such event of default or default. <br /> The sole remedy of Owner in the event of default by City shall be to <br /> institute legal action against City for specific performance or other equitable <br /> relief. Under no circumstances shall City be subject to any monetary liability or be <br /> liable for damages (compensatory or punitive) under the terms of this agreement. <br /> Owner's failure to cure, correct or remedy any event of default shall <br /> constitute default under the terms of this agreement. Upon Owner's default <br /> under the terms of the agreement, Owner shall be indebted to City for the full <br /> 5 Updated 9/2008 <br />
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