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12-12-2016 Council Packet
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12-12-2016 Council Packet
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promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an <br />emergency as determined by the City, is first given notice of the work in default, not less than five (5) business <br />days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek <br />a Court order for permission to enter the Land. When the City does any such work, the City may, in addition <br />to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the <br />Developer or any successor in interest to the Developer. <br />29. MISCELLANEOUS. <br />A. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow <br />construction or development work on the Land until the Developer does comply. Upon the City's demand, the <br />Developer shall cease work until there is compliance. <br />Contract. <br />B. Third parties shall have no recourse against the City or Developer under this <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial of <br />building permits, including those for lots sold to third parties. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of <br />this Contract. <br />D. Grading and one lift of asphalt shall be installed on all streets prior to issuance of <br />any building permits for any portion of the Land other than Lots 5 and Lot 6 for which building permits may <br />be approved subject to the Orono's fire chiefs approval of access through the existing access from Stubbs <br />Bay Road. Developer shall record a declaration that prohibits Lot 5 from utilizing the access to Stubbs Bay <br />so long as Lot 6 may utilize the access. The Developer may transfer the access rights to Lot 6, provided Lot <br />5 is prohibited from utilizing the access to Stubbs Bay. The terms and conditions of the declaration must be <br />reviewed and approved by the City. The City shall be named as a beneficiary of the declaration and shall <br />have the right to enforce the terms of the declaration. In the event the City is required to enforce the terms of <br />the declaration the City shall have the right to charge and assess those expenses to Iot 5 and 6 equally. <br />190443v2 13 <br />
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