Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 without meeting the requirements of Section 5.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 12.4 without meeting the requirements of Section 5.512.5. The City shall give Notice to Developer and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 herein without meeting the requirements of this Section 5.5. The City shall give Notice to Developer Property Owner and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party Party shall be allowed to address the Council at that meeting regarding the claimed emergency default.
Appears in 1 contract
Samples: Pre Annexation Agreement
Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 12.4 without meeting the requirements of Section 5.510.5. The City shall give Notice to Developer Property Owner and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party shall be allowed to address the Council at that meeting regarding the claimed emergency default.. Draft Version Dates 10/31/2022
Appears in 1 contract
Samples: Pre Annexation Agreement
Emergency Defaults. Anything in this Agreement notwithstanding, if the Council finds on the record that a default materially impairs a compelling, countervailing interest of the City and that any delays in imposing such a default would also impair a compelling, countervailing interest of the City then the City may impose the remedies of Section 5.4 9.4 without meeting the requirements of Section 5.59.5. The City shall give Notice to Developer Property Owner and/or any applicable successor or assign of any public meeting at which an emergency default is to be considered and the allegedly defaulting party Party shall be allowed to address the Council at that meeting regarding the claimed emergency default.
Appears in 1 contract
Samples: Pre Annexation Agreement