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Remedies. <br />O.Upon the occurrence of a breach of this Agreement by the Developer, the City, in <br />1 <br />addition to any other remedy which may be available to it, shall have the right to do any or all of the <br />2 <br />following: <br />3 <br />1.City may make advances or take other steps to cure the default, and where necessary, <br />4 <br />enter the Property for that purpose. The Developer shall pay all sums so advanced or <br />5 <br />expenses incurred by the City upon demand, with interest from the date of such advances <br />6 <br />or expenses at the rate of 10% per annum or the maximum allowed by law, whichever is <br />7 <br />less. No action taken by the City pursuant to this section shall be deemed to relieve the <br />8 <br />Developer from curing any such default or from any other default hereunder. The City <br />9 <br />shall not be obligated, by virtue of the existence or the exercise of this right, to perform <br />10 <br />any such act or cure any such default. <br />11 <br />2.Obtain an order from a court of competent jurisdiction requiring the Developer to <br />12 <br />specifically perform its obligations pursuant to the terms and provisions of this <br />13 <br />Agreement. <br />14 <br />3.Obtain an order from a court of competent jurisdiction enjoining the continuation of an <br />15 <br />event of default. <br />16 <br />4.Halt all development work and construction of improvements until such time as the event <br />17 <br />of default is cured. <br />18 <br />5.Withhold the issuance of a building permit and/or prohibit the occupancy of any <br />19 <br />structure(s) for which permits have been issued. <br />20 <br />6.Draw upon and utilize the Developer’s Financial Security to cover the costs of the City in <br />21 <br />order to correct the default, the costs to complete any unfinished Public Improvements, <br />22 <br />the costs to draw on the Financial Security and/ or the costs to enforce this Agreement. <br />23 <br />7.Terminate this Agreement by written notice to Developer at which time all terms and <br />24 <br />conditions contained herein shall be of no further force or effect and all obligations of the <br />25 <br />parties imposed hereunder shall be null and void. <br />26 <br />8.Exercise any other remedies which may be available to it at law or inequity. <br />27 <br />28 <br />In addition to the remedies and amounts payable set forth or permitted above, upon the occurrence <br />29 <br />of an event of default, the Developer shall pay to the City all fees and expenses, including attorneys <br />30 <br />fees, incurred by the City as a result of the event of default, whether or not a lawsuit or other action <br />31 <br />is formally taken. <br />32 <br />The Developer shall defend, indemnify, and hold the City and its mayor, councilmembers, <br />33 <br />employees, agents and contractors harmless from any liability or damages, including reasonable <br />34 <br />attorneys fees, which may be incurred as a result of the exercise of the City’s rights pursuant to this <br />35 <br />Agreement. <br />36 <br />Assignment. <br />P.The Developer may not assign this Agreement without the written permission of the <br />37 <br />Roseville City Council. <br />38 <br />Notices to the Developer. <br />Q.Required notices to the Developer shall be in writing, and shall be either <br />39 <br />hand delivered to the Steve Dahl, Chief Manager of Kath Propertiesor mailed to the Developer by <br />40 <br />registered or certified mail at the following address: <br />41 <br />Page 7of 11 <br /> <br />