2015/07/15 Council Agenda Packet

(2) cure the default; or (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (3 0) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. C. If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date, or denies the default and requests a meeting in accordance, or the City orders a meeting in accordance with subsection (B), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. D. If, after the meeting, the City determines that default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time as the City shall determine. In the event Grantee does not cure within such time frame to the City's reasonable satisfaction, the City may: (1) Withdraw an amount from the irrevocable letter of credit or performance bond as monetary damages; (2) Revoke and terminate this Franchise; and (3) Take any other legal or equitable remedy available under this Franchise or any applicable law. These remedies are cumulative and not exclusive. E. The deterinination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be appealed to Chief Financial Officer or review by a court of competent jurisdiction under applicable law. 11.2 Termination. A. In addition to revocation or termination in accordance with other provisions of this Franchise, the City may tenni-nate this Franchise and all rights and privileges associated with this Franchise in the procedure described in this Section 11.2.. B. If Grantee has not already had an opportunity to cure a default pursua>it to subsection 11.1, the City shall give written notice to the Grantee of its intent to terminate the Franchise prior to its termination of the Franchise. The notice shall set forth the nature of the noncompliance or default. Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the 2D- o'13 0 38