CCP 06062022 - Laserfiche WebLink

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1 T.Default.In the event of default by the Developer as to any of the work to be performed by it 2 hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse 3 the City for any expense incurred by the City, provided the Developer is first given written notice of 4 the work in default and not less than 48 hours in which to cure the defaultbefore the City 5 commences performing such work, except in the event of an emergency. This Agreement is a 6 license for the City to act, and it shall not be necessary for the City to seek a court order for 7 permission to enter the Property. When the City does any such work, the City may, in addition to its 8 other remedies, assess the cost in whole or in part, against the Developer and/or the Property. 9 U. Remedies. Upon the occurrence of a breach of this Agreement by the Developerwhich has not been 10 cured, the City, in addition to any other remedy which may be available to it, shall have the right to 11 do any or all of the following: 12 1. City may make advances or take other steps to cure the default, and where necessary, 13 enter the Property for that purpose. The Developer shall pay all sums so advanced or 14 expenses incurred by the City upon demand, with interest from the date of such advances 15 or expenses at the rate of 10% per annum or the maximum allowed by law, whichever is 16 less. No action taken by the City pursuant to this section shall be deemed to relieve the 17 Developer from curing any such default or from any other default hereunder. The City 18 shall not be obligated, by virtue of the existence or the exercise of this right, to perform 19 any such act or cure any such default. 20 2. Obtain an order from a court of competent jurisdiction requiring the Developer to 21 specifically perform its obligations pursuant to the terms and provisions of this 22 Agreement. 23 3. Obtain an order from a court of competent jurisdiction enjoining the continuation of an 24 event of default. 25 4. Halt all development work and construction of improvements until such time as the event 26 of default is cured. 27 5. Withhold the issuance of a building permit and/or prohibit the occupancy of any 28 structure(s) for which permits have been issued. 29 6. Draw upon and utilize the Developer’s Financial Security to cover the costs of the City in 30 order to correct the default, the costs to complete any unfinished Public Improvements, 31 the costs to draw on the Financial Security and/or the costs to enforce this Agreement. 32 7. Terminate this Agreement by written notice to Developer at which time all terms and 33 conditions contained herein shall be of no further force or effect and all obligations of the 34 parties imposed hereunder shall be null and void. 35 8. Exercise any other remedies which may be available to it at law or in equity. 36 9. In addition to the remedies and amounts payable set forth or permitted above, upon the 37 occurrence of an event of default, the Developer shall pay to the City all fees and 38 expenses, including attorneys fees, incurred by the City as a result of the event of default, 39 whether or not a lawsuit or other action is formally taken. 40 10. The Developer shall defend, indemnify, and hold the City and its mayor, 41 councilmembers, employees, agents and contractors harmless from any liability or Page 8 of 14