New Search
(MDa 11 -11) and (sDR 1i -3) <br />d. Scope of work All construction, development, improvement, landscaping, lighting and design, or <br />construction and continuing maintenance activities in connection with this development are to be <br />in compliance with this Agreement and its attached exhibits. All development shall conform to <br />applicable provisions and requirements of the City Code unless specifically exempted herein. <br />e. Sins All permanent signs within the development shall conform to Eugene Sign Code Sections <br />9.6600 to 9.5580, or the corresponding provision of any future law. <br />f. Indemnity The Developer agrees to hold the City harmless from any and all costs, damages, or <br />liabilities to third persons which may hereafter arise by reason of claims of personal injuries or <br />property damages sustained by third persons as a result of physical conditions existing in the <br />development including, but not limited to, liability based upon design features of the development <br />and /or its maintenance. <br />2. ADDITIONS DELETIONS OR MODIFICATIONS <br />Any addition, deletion, or modification of this Agreement, including exhibits, is subject to review and <br />written consent by the Planning Director or the Planning Director's designee. <br />3. ENFORCEMENT <br />a. Noncompliance Failure by the Developer to comply with the following shall constitute a breach of <br />this Agreement, and upon breach of this Agreement City may refuse to issue or may revoke <br />occupancy perm its: <br />(1) Developer shall perform and complete the work upon the development within the terms of this <br />Agreement, its exhibits, and applicable law; <br />(2) Developer shall employ a competent superintendent to be in attendance at the development <br />site during the progress of work; <br />(3) Developer shall supply enough properly skilled workers or proper materials (except in cases in <br />which an extension of time is available) ,to complete the development in a timely manner; <br />(4) Developer shall operate and maintain the development in a satisfactory condition in <br />conformance with this Agreement, its exhibits, and applicable law. <br />b. Liquidated Damages As a separate remedy apart from any remedy otherwise allowed under this <br />Agreement or otherwise allowed under Oregon law, the City may, within its sole discretion, <br />determine to seek damages from the Developer for a breach of this Agreement. If the City elects to <br />pursue this remedy, it shall first notify the Developer with reasonable particularity of the nature of <br />the breach and shall afford the Developer a reasonable time within which to cure. It is mutually <br />understood and agreed between the parties that damages in the event of Developer's breach will <br />be difficult to ascertain with reasonable certainty because one of City's primary interest in this <br />Agreement is the protection of the public health, safety, and welfare of its citizens -- a measure <br />that is inherently difficult to calculate. "rhe amount of City's damages being difficult to ascertain, it <br />is thus mutually agreed that damages shall be computed on the basis of $250 per day for each day <br />each breach continues. It is further recognized and agreed between the parties that the damages <br />of $250 per day are in the nature of liquidated damages and are not construed as a penalty. <br />Page 2 of 3 <br />