Council Agenda Monday, May 28, 2012 - City of St. John's
Council Agenda Monday, May 28, 2012 - City of St. John's
Council Agenda Monday, May 28, 2012 - City of St. John's
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be deemed to be a condonation <strong>of</strong> the non-performance, violation or otherwise as the case<br />
may be and shall not be any limit on the <strong>City</strong>'s discretion to treat other or continued nonperformance<br />
or violations as cause for voiding this Agreement.<br />
24) If the Developer does not perform or otherwise violates any <strong>of</strong> the terms and conditions <strong>of</strong><br />
this Agreement, which non-performance or violation remains uncorrected after seven (7)<br />
days notice to the Developer by the <strong>City</strong>, then the <strong>City</strong>, at its sole discretion, may order the<br />
immediate cessation <strong>of</strong> the Development and order full restitution for any site restoration,<br />
damages or injury <strong>of</strong> any nature whatsoever together with any other penalties, fines, actions<br />
and otherwise as may be applicable in this instance.<br />
25) The approval <strong>of</strong> this Agreement shall not prevent the <strong>City</strong> from thereafter requiring the<br />
correction <strong>of</strong> errors or from ordering the cessation <strong>of</strong>, removal <strong>of</strong>, or remedial work on the<br />
Development being carried out in the event that the same is in violation <strong>of</strong> the Development<br />
Regulations or any other regulations, by-laws or statutes.<br />
26) The <strong>City</strong> may revoke an approval and any subsequent permits for failure, by the holder <strong>of</strong><br />
such approvals or permits, to comply with the Development Regulations or any condition<br />
attached to the approval or permit or where the approval or permit was issued contrary to the<br />
Development Regulations or was issued on the basis <strong>of</strong> incorrect information.<br />
27) The Developer shall immediately advise the <strong>City</strong> <strong>of</strong> any intent to transfer or assign any <strong>of</strong> its<br />
rights or obligations under this Agreement. No transfer or assignment <strong>of</strong> rights or obligations<br />
under this Agreement shall be permitted without the prior approval <strong>of</strong> the <strong>City</strong> which<br />
approval may be withheld at the sole discretion <strong>of</strong> the <strong>City</strong>.<br />
<strong>28</strong>) The Developer, from the commencement <strong>of</strong> any activity, which shall, notwithstanding the<br />
generality <strong>of</strong> the above, be deemed to include activities <strong>of</strong> work or construction or<br />
development identified under this Agreement, whether or not commenced prior to the<br />
execution <strong>of</strong> this Agreement and whether or not the activity is along the boundaries <strong>of</strong>, or<br />
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