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Last modified
2/21/2024 4:08:15 PM
Creation date
2/21/2024 4:06:27 PM
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Planning Files
Planning Files - Planning File #
1606
Planning Files - Type
Rezoning
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(D) be adjudicated a bankrupt or <br />insolvent; or if a petition or answer <br />proposing the adjucation of the Developer, as <br />a bankrupt or its reorganization under any <br />present or future federal bankruptcy act or <br />any similar federal or state law shall be <br />filed in any court and such petition or <br />answer shall not be discharged or denied <br />within ninety (90) days after the filing <br />thereof; or a receiver, trustee or liquidator <br />of the Developer, or of the Project, or part <br />thereof, shall be appointed in any proceeding <br />brought against the Developer, and shall not <br />be discharged within ninety (90) days after <br />such appointment, or if the Developer, shall <br />consent to or acquiesce in such appointment. <br />Section 4.2. Remedies on Default. Whenever any Event of <br />Default referred to in Section-4-. occurs and is continuing, <br />the City, as specified.below, may take any one or more of the <br />following actions after (except in the case of an Event of <br />Default under subsection (g) of Section 4.1 the giving of <br />thirty (30) days' written notice to the Developer, but only if <br />the Event of Default has not been cured within said thirty (30) <br />days, or if the Event of Default cannot be cured within thirty <br />(30) days and the Developer does not provide assurances to the <br />City reasonably satisfactory to the City that the Event of <br />Default will be cured as soon as reasonably possible. <br />(a) The City may suspend its performance <br />under this Agreement until it receives assurances <br />from the Developer, deemed adequate by the City, <br />that the Developer will cure its default and <br />continue its performance under this Agreement. <br />(b) The City may cancel and rescind the <br />Agreement. <br />(c) The City may take any action, including <br />legal or administrative action, which may appear <br />necessary or desirable to enforce performance and <br />observance of any obligation, agreement, or <br />covenant of the Developer under this Agreement. <br />13 <br />
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