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4F, Planning Case 11-016 - Approval of Arden Plaza, LLC Development Agreement
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4F, Planning Case 11-016 - Approval of Arden Plaza, LLC Development Agreement
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10/10/2011 11:01:48 AM
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Approval of Arden Plaza
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Approval of Arden Plaza
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Approval of Arden Plaza
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10/10/2011
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curing any such default to the extent that it is not cured by the City or <br />from any other default hereunder. The City shall not be obligated, by <br />virtue of the existence or exercise of this right, to perform any such <br />act or cure any such default. Arden Plaza shall save, indemnify, and <br />hold harmless, including reasonable attorney fees, the City from any <br />liability or other damages which may be incurred as a result of the <br />exercise of the City's rights pursuant to this section. <br />2. Obtain an Order from a Court of competent jurisdiction requiring <br />Arden Plaza to specifically perform its obligations pursuant to the <br />terms and provisions of this Agreement. <br />3. Exercise any other remedies which may be available to it including an <br />action for damages. <br />4. Withhold the issuance of any or all building permits and /or prohibit <br />the occupancy of all building(s) for which permits have been issued. <br />5. In addition to the remedies and amounts payable as set forth herein, <br />upon the occurrence of an Event of Default, Arden Plaza shall pay to <br />the City all fees and expenses, including reasonable attorney, <br />engineering and consulting fees, incurred by the City as a result of the <br />Event of Default, whether or not a lawsuit or other action is formally <br />taken. <br />
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