Common use of DEFAULT – CITY’S REMEDIES Clause in Contracts

DEFAULT – CITY’S REMEDIES. A. The City may declare the Developer and/or Landowner to be in default: 1. If the Developer and/or Landowner is adjudged bankrupt, makes a general assignment for the benefit of creditors, suffers a receiver to be appointed on account of insolvency, takes advantage of any law for the benefit of insolvent debtors; or 2. Except as provided in subsections 3 and 4 below, if the Developer and/or Landowner has failed in any measurable way to perform its obligations under this Agreement, except if delayed by an act or omission of the City, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials, sabotage or freight embargoes, provided the City gives the Developer and/or Landowner notice of the failure to perform and the Developer and/or Landowner fails to correct the failure within twenty-eight (28) days of receiving the notice; or if the failure requires more than twenty-eight (28) days to cure, the Developer and/or Landowner fails within twenty-eight (28) days of receiving the notice to commence and proceed with diligence to prosecute the cure. All such notices to the Developer and/or Landowner shall be in writing by certified mail, return receipt requested. 3. If the Developer and/or Landowner fails to continue with sustained effort, and the City provides twenty-four (24) hours’ notice of this default and the Developer and/or Landowner fails to correct the failure within that time period. 4. If the actions of the Developer and/or Landowner have created a public hazard or conditions deemed an emergency by the City, the City may declare the Developer and/or Landowner in default without providing prior notice and opportunity to cure. B. Upon a declaration of default, and failure to cure under Section 2.12, the City may do any one or more of the following: 1. Perform any act required of the Developer and/or Landowner under this Agreement, including drawing surety and construction of all or any part of the improvements after giving formal notice in writing to the Developer and/or Landowner. The Developer and/or Landowner shall be liable to the City for any costs thus incurred. The City may deduct any costs incurred from the surety, if any, or any payments then or thereafter due the Developer and/or Landowner from the City whether under this Agreement or otherwise. No advance notice shall be required by the City to the Developer and/or Landowner to corrective actions to remedy any items that fall under Section 2.12.A.4. 2. Exercise its rights under any provision of this Agreement. 3. Pursue any appropriate judicial remedy including, but not limited to, an action for specific performance, injunction, and civil penalties. City shall be entitled to its attorney’s fees in any enforcement action necessary to enforce the terms of this Agreement.

DEFAULT – CITY’S REMEDIES. A. The City may declare the Developer and/or Landowner to be in default: 1. If the Developer and/or Landowner is adjudged bankrupt, makes a general assignment for the benefit of creditors, suffers a receiver to be appointed on account of insolvency, takes advantage of any law for the benefit of insolvent debtors; or 2. Except as provided in subsections 3 and 4 below, if If the Developer and/or Landowner has failed in any measurable way to perform its obligations under this Agreement, except if delayed by an act or omission of the City, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials, sabotage or freight embargoes, provided the City gives the Developer and/or Landowner notice of the failure to perform and the Developer and/or Landowner fails to correct the failure within twenty-eight (28) days of receiving the notice; or if the failure requires more than twenty-eight (28) days to cure, the Developer and/or Landowner fails within twenty-eight (28) days of receiving the notice to commence and proceed with diligence to prosecute the cure. All such notices to the Developer and/or Landowner shall be in writing by certified mail, return receipt requested. 3. If the Developer and/or Landowner fails to continue with sustained effort, and the City provides twenty-four (24) hours’ notice of this default and the Developer and/or Landowner fails to correct the failure within that time period. 4. If the actions of the Developer and/or Landowner have created a public hazard or conditions deemed an emergency by the City, the City may declare the Developer and/or Landowner in default without providing prior notice and opportunity to cure. B. Upon a declaration of default, and failure to cure under Section 2.121.13.A.2, the City may do any one or more of the following: 1. Perform any act required of the Developer and/or Landowner under this Agreement, including drawing surety and construction of constructing all or any part of the improvements after giving formal seven (7) days notice in writing to the Developer and/or LandownerDeveloper. The Developer and/or Landowner shall be liable to the City for any costs thus incurred. The City may deduct any costs incurred from the surety, if any, or any payments then or thereafter due the Developer and/or Landowner from the City whether under this Agreement or otherwise. No advance notice shall be required by the City to the Developer and/or Landowner to corrective actions to remedy any items that fall under Section 2.12.A.4. 2. Exercise its rights under any provision of this Agreement, or any performance or warranty guaranty securing the Developer’s obligations under this Agreement. 3. Pursue any appropriate judicial remedy including, but not limited to, an action for specific performance, injunction, and civil penalties. City shall be entitled to its attorney’s fees in any enforcement action necessary to enforce the terms of this Agreement.