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ARTICLE 14 <br />CITY REMEDIES UPON DEVELOPER DEFAULT <br />14.1 CITY REMEDIES. If a DEVELOPER -.DEFAULT occurs,. that is not caused by <br />FORCL 1VMAJEURE, the CITY shall give. the DEVELOPER FORMAL NOTICE of the <br />b.EVELOPER.DEFAULT and ..the DEVELOPER shall.have thirty (30) business:days to cure the <br />DEVELOPER D>FAULT;.Ifthe.DBVEtOPER, afterFORMAL NOTICE to it by the CITY,:.does <br />not cure the. DEVELOPER DEFAULT within sixty. (60) days; then the CITY -may avail itseii of <br />anyremedy-afforded bylaW*and any ofthe.&Ilowing.remedies: <br />a.) if the CITY reasonably+ de(ertnmes that the remedies in b.); and d.) of this Article <br />14 -a re irisuffi.bibgt, to protect the health and safety of the City; it may suspend any world <br />improvement, -:or obligation to be performed by the CITY related.to theDEVELOPER DEFAULT;. <br />b.) the CITY may collect on the irrevocable letter of credit or cash deposit pursuant to <br />Article 15 hereof to the extent necessary to cure the DEVE5LO.PER.DEFA.ULT; <br />0 if the CITY reasonably determines that the remedies-in:b) and d:) of this Article 14 <br />.am insufficient to protect the. health and safety of the CITY, it may suspend or deny building and. <br />occupancy permits fair buildings-wiithin the CUP with respect to lots directly affected 1 y the <br />DEVELOPER DEFAULT; <br />d.) the CITY may, at its.. sole option, perform the work :or improvements to be <br />Performed by the DEVELOPER,.in *hich case. the DEVELOPER shall tvitliin. thirty (34) days <br />after written billing by the CITY reimburse the CITy_for any costs and expenses incurred by the <br />CITY. In the alternative, the. CITY may in whale or in part, specially assess any o� tlse costs And <br />expenses incurred by the C1TY; and the DEVELOPER -and OWNER hereby waive any and all <br />procedural and subitantiye objections to the installation and canstruc#Ion of the work and <br />improvements and the special. assessment resulting therefrom,:iocluding, but not limited to, notice <br />and hearing requitw ient and=any claim that the special. assessments exceed benefit to :the CUP. <br />14:2 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. 1 n the -.event any <br />agredhient-contained in this DEVELOPMENT. CONTRACT-is.breached.by the DEVELOPER and <br />#hereafter waived in writing by fhe CITY; such waiver shall :be limited to the-paiioular breach so <br />waived and shalt not be deemed to waive any other coneu#rerf4 .previous ar subsequent breach <br />hereunder. All waivers by the CITY must be in writing. <br />14.3 NO REMEDY EXCLUSi1 VE: No remedy herein confan'ed upon or reserved to <br />the CITY, the OVI�NER, or the DEVELOPER- shall be exclusive -of. anyoiher-available remedy or <br />remedies, but,eaeli ar3d eyery Wp4 remedy -shall be cumulative.and:shall be .in addition to every <br />other remedy given under the DEVELOPMENT CONTRACT or now oi� hereafter exrSt;ing at law <br />or. in equity or. by statute. No delay or omission to exercise .any right or power accruing*upon any <br />default shall impair any such right or power.or shall be construed to: be a waiver thereQf,. but any <br />such right-4nd.power maybe exercised filar tisane to time and as often as may be deemed expedient. <br />In ordei to entitle a party to exercise -any rernedy.avallable to it, it shall not be necessary to give <br />notice, other than the FORMAL NOTICE. <br />15 <br />