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10-26-15-R
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10-26-15-R
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10/27/2015 10:36:32 AM
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10/23/2015 1:27:40 PM
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183371v6 7 <br />F. Binding Effect. The terms and provisions of this Agreement shall be binding <br />upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties <br />hereto and shall be binding upon all future owners of all or any part of the Property. This <br />Agreement, at the option of the City, shall be placed of record so as to give notice thereto to <br />any subsequent purchasers and encumbrances of all or any part of the Property and all <br />recording fees, if any, shall be paid by the Developer. <br />G. Default. The occurrence of any of the following shall be considered an “Event <br />of Default” in the terms and conditions contained in this Agreement: <br />(1) Failure of Developer to comply with any of the terms and conditions <br />contained in this Agreement if Developer fails to correct such failure within thirty (30) days after <br />receiving written notice of such failure from the City, or if such failure cannot be reasonably <br />cured within such thirty (30) day period, then the failure of the Developer to promptly commence <br />the correction of such failure or to complete the correction of such failure within a reasonable <br />period of time. <br />(2) The failure of Developer to comply with any applicable ordinance or <br />statute with respect to the development of the Property. <br />H. Remedies. Upon the occurrence of any Event of Default, the City, in addition to <br />any other remedy which may be available to it, shall be permitted to do any of the following: <br />(1) City may make advances or take other steps to cure the default, and, where <br />necessary, enter the Property for that purpose. Developer shall pay all reasonable sums so <br />advanced or reasonable expenses incurred by the City, upon demand, with interest from the dates <br />of such advances or expenses at the rate of 10 percent per annum. No action taken by the City <br />pursuant to this section shall be deemed to relieve Developer from curing any such default to the
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