7A, Presbyterian Homes Redevelopment Proposal

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formal written notice thereof to the Developer. The Developer will, at its sole expense, provide for the defense thereof with counsel of its own selection, but approved by the City, which approval shall not be unnecessarily withheld or delayed; the Developer will pay out costs and expenses, including attorney's fees incurred and so defend against such claims, provided that the City shall, at all times, also have the right to fully participate in the defense at the City's expense. If the Developer fails to defend, the City shall have the right, but not the obligation, to undertake the defense of, to compromise or settle the claim or other matter, for the account of and at the risk of the Developer. All attorney's fees incurred by the City related to such defense shall be paid by the Developer. This Section 6.0 shall not apply to costs incurred or suffered by the City which relate to, result from, or are caused by the City's willful violation of applicable law. 7.0 City Remedies. If a default occurs, that is not caused by force majeure, the City shall give the Developer formal written notice of default and the Developer shall have thirty (30) working days to appear before the City Council to discuss the default. If the Developer, after formal written notice by the City, does not cure the default within thirty (30) working days following the Council appearance, the City may avail itself of any remedy afforded by law and any of the following cumulative, not exclusive remedies: A. City may specifically enforce the Agreement. B. The City may suspend any work, improvement or obligation to be performed by the City with respect to the CS affected by the default. C. The City may collect on the appropriate security bond, irrevocable letter of credit, cash deposit or other security applicable to the redevelopment of the Property. D. The City may deny building and occupancy permits for buildings within the redevelopment project. E. The City may, at its option, in regard to landscaping improvements and in regard to damages caused to public or private property as a result of the construction of the redevelopment project on the Property, subject to the determination of the City, perform the work to be performed by the Developer, in which case the Developer shall, within thirty (30) days after written billing by the City, reimburse the City for any commercially reasonable costs and expenses incurred by the City. In the alternative, the City may, in whole or in part, specially assess any of the costs and expenses incurred by the City; and the Developer hereby waives any and all procedural and substantive objections to the isolation of the landscaping improvements and the special assessments resulting there from, including but not limited to the hearing requirements and any claim that the special assessments exceed benefit. With respect to such special assessments incurred in cases of default under this provision, the Developer hereby waives any appeal rights otherwise available pursuant to Minn. Stat. §429.081. 8