6200 12TH DR SE 2020-10-22 - Laserfiche WebLink

201803290406.028 delay causes substantial completion of the Project to be delayed more than one hundred twenty (120) days unless (a)the Developer delivers a written plan to the City for the substantial completion of the Project, including a Project construction schedule, (b)the City approves such written plan,which approval will not be unreasonably withheld, and (c)Developer diligently and continuously follows the approved written plan and construction schedule 17 19 Fair Construction, Severability All pronouns and any vanations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the context may require The parties hereby acknowledge and agree that each was properly represented by counsel and this Covenant was negotiated and drafted at arms' length so that the judicial rule of construction to the effect that any ambiguities are to be construed against the drafting party shall be inapplicable in the interpretation of this Covenant The provisions of this Covenant shall be construed as a whole according to their common meaning and consistent with the other provisions contained herein in order to achieve the objectives and purposes of this Covenant If any term, provision, covenant, clause, sentence or any other portion of the terms and conditions of this Covenant or the application thereof to any person or circumstances shall apply, to any extent, become invalid or unenforceable, the remainder of this Covenant shall continue in full force and effect,unless rights and obligations of the parties have been materially altered or abridged by such invalidation or unenforceability 17 20 Time of the Essence In all matters under this Covenant,the parties agree that time is of the essence 17 21 Runs with the Land This Covenant runs with the land and is bindmg on Developer, and its successors and assigns This Covenant is not extinguished or otherwise limited in any way by any foreclosure, trustee sale, deed-in-lieu of foreclosure or transfer of the Property [Signatures on the following page]