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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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16.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy <br />Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such <br />equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at <br />the time relating to bankruptcy or insolvency. <br /> <br />16.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. <br /> <br />16.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under <br />applicable law or under Contract, whose appointment or authority to take charge of property of <br />CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of <br />general administration of such property for the benefit of CONTRACTOR'S creditors. <br /> <br />16.1.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they <br />become due. <br /> <br />16.1.6 If CONTRACTOR persistently fails to perform the Work in accordance with the <br />Contract Documents (including but not limited to, failure to supply sufficient skilled Workers or <br />suitable materials or equipment or failure to adhere to the progress schedule as same may be revised <br />from time to time). <br /> <br />16.1.7 If CONTRACTOR disregards laws or regulations of any public body having <br />jurisdiction. <br /> <br />16.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the <br />Contract Documents. <br /> <br />CITY may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted <br />by laws and regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from <br />the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, <br />construction equipment and machinery at the site and use the same to full extent they could be used <br />by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate <br />in the Work all materials and equipment stored at the site or for which CITY has paid <br />CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem <br />expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until <br />the Work is finished. <br /> <br />31 <br />
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