Laserfiche WebLink
14 <br /> <br />materia1men; <br /> <br />e) failure by the DEVELOPER to pay for materials; <br /> <br />f) approval by the CITY of the FINAL PLAT; <br /> <br />g) approval by the CITY of the DEVELOPMENT PLANS; <br /> <br />h) failure to obtain the necessary permits and authorizations to construct the DEVELOPER <br />IMPROVEMENTS; <br /> <br />i) construction of the DEVELOPER IMPROVEMENTS; <br /> <br />j) delays in construction of the DEVELOPER IMPROVEMENTS; <br /> <br />k) payment by DEVELOPER for any required costs or assessments; <br /> <br />l) all costs and liabilities arising because building pe1mits were issued prior to the <br />completion and acceptance of the DEVELOPER IMPROVEMENTS. <br /> <br />11.2. NOTICE. Within a reasonable period of time after the CITY's receipt of actual <br />notice of any matter giving rise to a claim of payment against the CITY pursuant to Section <br />11.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. <br />The DEVELOPER shall not be obligated to make any payment to the CITY for any such claim <br />until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the <br />CITY, during which time the DEVELOPER shall have the right to cure or remedy the event <br />leading to such claim. <br /> <br />11.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the <br />DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or <br />demand, with respect to claims or demands asserted against the CITY by a third party of the <br />nature covered by Section 11.1, and provided that the CITY gives FORMAL NOTICE thereof, <br />the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its <br />own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses <br />including attorneys' fees incurred in so defending against such claims, provided that the CITY <br />shall at all times also have the right to fully participate in the defense at the CITY's expense. If <br />the DEVELOPER fails to defend, the CITY shall have the right, but not the obligation, to <br />undertake the defense of, and to compromise or settle the claim or other matter at City’s sole <br />discretion and without further notice to the Developer, for the account of and at the risk of the <br />DEVELOPER. <br /> <br /> <br />ARTICLE 12 <br />CITY REMEDIES UPON DEVELOPER DEFAULT <br /> <br />12.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused <br />by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the <br />DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the <br />DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, <br />does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy <br />afforded by law and any of the following remedies: