Common use of Defaults; Enforcement Clause in Contracts

Defaults; Enforcement. Failure by a party to perform any of its obligations hereunder shall constitute a default hereunder, entitling the non-defaulting party to terminate this PD Agreement, or to pursue the remedies of specific performance, injunctive relief, and/or damages. Prior to termination of this PD Agreement or any party filing any action as a result of a default by the other party under this PD Agreement, the non-defaulting party exercising such right shall first provide the defaulting party with written notice specifying such default and the actions needed to cure same, in reasonable detail. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity within which to cure such default. The cure period may be extended at the sole discretion of the CITY Commission. Upon termination of the PD Agreement, the OWNER shall immediately be divested of all rights and privileges granted hereunder. In the event of a violation of the CITY's Land Development Regulations or Code of Ordinances by the OWNER, the CITY may suspend construction activity and revoke any building permit or development order issued to OWNER, and take all actions necessary to halt construction until such time as the provisions of this PD Agreement are satisfied. In the event legal action is necessary due to a violation by OWNER, and attorney’s fees or other professional fees and costs are incurred by the CITY enforcing compliance with this PD Agreement or its Land Development Regulations at the trial on appellate level, these expenses shall be borne by the OWNER. These penalties are in addition to any other penalties provided by law. In the event of a default by the CITY, which is not cured after receipt of notice and expiration of the cure period, then OWNER shall be entitled to recover all reasonable attorney’s fees and costs incurred, whether at the trial or appellate level. The OWNER agrees that it will abide by the provisions of this PD Agreement, the CITY Comprehensive Plan, and the CITY Land Development Regulations and any applicable CITY Code of Ordinances. In the event of a conflict between this PD Agreement and the CITY’s Land Development Regulations, this PD Agreement shall govern the development of the Subject Property.

Defaults; Enforcement. Failure by a party to perform any of its obligations hereunder shall constitute a default hereunder, entitling the non-defaulting party to terminate this PD Agreement, or to pursue the remedies of specific performance, injunctive relief, and/or damages. Prior to termination of this PD Agreement or any party filing any action as a result of a default by the other party under this PD Agreement, the non-defaulting party exercising such right shall first provide the defaulting party with written notice specifying such default and the actions needed to cure same, in reasonable detail. Upon receipt of said notice, the defaulting party shall be provided a thirty (30) day opportunity within which to cure such default. The cure period may be extended at the sole discretion of the CITY City Commission. Upon termination of the PD Agreement, the OWNER shall immediately be divested of all rights and privileges granted hereunder. In the event of a violation of the CITY's Land Development Regulations or Code of Ordinances by the OWNER, the CITY may suspend construction activity and revoke any building permit or development order issued to OWNER, and take all actions necessary to halt construction until such time as the provisions of this PD Agreement are satisfied. In the event legal action is necessary due to a violation by OWNER, and attorney’s fees or other professional fees and costs are incurred by the CITY enforcing compliance with this PD Agreement or its Land Development Regulations at the trial on or appellate level, these expenses shall be borne by the OWNER. These penalties are in addition to any other penalties provided by law. In the event of a default by the CITY, which is not cured after receipt of notice and expiration of the cure period, then OWNER shall be entitled to recover all reasonable attorney’s fees and costs incurred, whether at the trial or appellate level. The OWNER agrees that it will abide by the provisions of this PD Agreement, the CITY Dade City Comprehensive Plan, and the CITY Dade City Land Development Regulations and any applicable CITY Dade City Code of Ordinances. In the event of a conflict between this PD Agreement and the CITY’s Land Development Regulations, this PD Agreement shall govern the development of the Subject Property.