Duluth UDC § 1130.04

1. In those cases where a performance guarantee has been posted and required improvements have either not been installed within the terms of such performance guarantee or have not progressed in a timely manner such that completion within the time period of the guarantee can be achieved, the Planning 341 | P a g e Article Eleven. Procedures and Permits Director may thereupon declare the guarantee to be in default and require that the issuer of the performance guarantee turn over to the City such funds that are due and payable under the terms of the guarantee. 2. A default also shall be deemed to have occurred on the part of the owner if, in the sole judgment of the City Engineer or Inspector, the owner has: a. Abandoned or unnecessarily delayed the performance of its obligations under the pertinent Development Performance and Maintenance Agreement; or, b. Renounced or repudiated its obligations under the said Agreement; or, c. Clearly demonstrated through insolvency, delay or otherwise, that its obligations under the said Agreement cannot be completed within the time allotted under the said Agreement; or, d. Has not complied with or is not in compliance with the minimum standards of this Unified Development Code for any one or more of the subject improvements; or, e. Transferred ownership of any portion of the project to a third party without assignment of the remaining responsibilities hereunder; or, f. Caused or experienced any damage to new or previously existing improvements creating an emergency situation.