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2017/12/20 Council Agenda Packet
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2017/12/20 Council Agenda Packet
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Council Agenda Packet
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12/20/2017
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I <br /> within thirty (30) days from receipt of such notice (or if such failure cannot reasonably <br /> be cured within 30 days, if Developer fails to promptly commence and diligently pursue <br /> such cure to completion) shall be deemed an"Event of Default"hereunder. <br /> Section 14. Remedies. <br /> 14.1 Remedies Upon Default. If an Event of Default shall occur,the City shall <br /> have all cumulative rights and remedies under law or in equity, including but not limited <br /> to the following: <br /> 14.1.1 Damages. Developer shall be liable for the actual damages <br /> incurred by the City. <br /> 14.1.2 Specific Performance. The City shall be entitled to specific <br /> performance of each and every obligation of Developer under this Covenant without any <br /> requirement to prove or establish that the City does not have an adequate remedy at law. <br /> Developer hereby waives the requirement of any such proof and acknowledges that the <br /> City would not have an adequate remedy at law-for Developer's commission of an Event <br /> of Default hereunder. <br /> 14.1.3 Injunction. The City shall be entitled to restrain,by injunction,the <br /> actual or threatened commission or attempt of an Event of Default and to obtain a <br /> judgment or order specifically prohibiting a violation or breach of this Covenant without, <br /> in either case,being required to prove or establish that the City does not have an adequate <br /> remedy at law. Developer hereby waives the requirement of any such proof and <br /> acknowledges that the City would not have an adequate remedy at law for Developer's <br /> commission of an Event of Default hereunder. <br /> 14.2 Copy of Notice of Default to Mortgagee. Whenever the City shall deliver <br /> any notice or demand to the Developer with respect to any breach or default by the <br /> Developer in its obligations or covenants under this Covenant,the City shall at the same <br /> time forward a copy of such notice or demand to each Mortgagee at the last address of <br /> such holder shown in the records of the City. <br /> Mortgagee's Option To Cure Defaults/Foreclosure. After any uncured Event of Default <br /> under this Covenant by Developer or its successor in interest, each Mortgagee shall <br /> (insofar as the rights of the City are concerned) have the right, at its option, to cure or <br /> remedy such breach or default during the thirty(30)day period following receipt of notice <br /> from the City regarding Developer's Event of Default; Event of Default; provided, <br /> however,that if the default is one which cannot reasonably be cured within such 30-day <br /> period,such 30-day period shall be deemed extended for such time as is necessary to cure <br /> 15 <br /> 45 <br />
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