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CCP 12-09-2002
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CCP 12-09-2002
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5/8/2007 1:17:35 PM
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<br />2. <br /> <br />The failure of the Developer to comply with any applicable ordinance or statute <br />with respect to the development of the Property. <br /> <br />. <br /> <br />K, 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 /> <br />1. City may make advances or take other steps to cure the default, and, where <br />necessary, enter the Property for that purpose. The Developer shall pay all sums <br />so advanced or expenses incurred by the City, upon demand, with interest from <br />the dates of such advances or expenses at the rate of 10% per annum, No action <br />taken by the City pursuant to this section shall be deemed to relieve the Developer <br />from curing any such default to the extent that it is not cured by the City or from <br />any other default hereunder. The City shall not be obligated, by virtue of the <br />existence or exercise of this right, to perform any such act or cure any such <br />default The Developer shall save, indemnify, and hold harmless, including <br />reasonable attorney fees, the City from any liability or other damages which may <br />be incurred as a result of the exercise of the City's rights pursuant to this section, <br /> <br />2. Obtain an Order from a Court of competent jurisdiction requiring the Developer <br />to specifically perform its obligations pursuant to the terms and provisions of this <br />Agreement, <br /> <br />3. <br /> <br />Exercise any other remedies which may be available to it including an action for <br />damages, <br /> <br />. <br /> <br />4. Withhold the issuance of any or all building permits for the Cub Foods Site and/or <br />prohibit the occupancy of all building(s) on the Cub Foods Site for which permits <br />have been issued. <br /> <br />5. In addition to the remedies and amounts payable as set forth herein, upon the <br />occurrence of an event of default, the Developer shall pay to the City all fees and <br />expenses, including reasonable attorney, engineering and consulting fees, incurred <br />by the City as a result of the event of default, whether or not a lawsuit or other <br />action is formally taken. <br /> <br />. <br /> <br />5 <br />
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