Laserfiche WebLink
<br />23 <br />LA515\124\964107.v1 <br />condition, obligation, or agreement on its part to be observed or performed under <br />this Agreement. <br />33. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject <br />to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by <br />written, executed instrument of the City, may take any one or more of the following: <br />A. The City may suspend its performance under the Agreement until it receives <br />assurances from the Developer, deemed adequate by the City, that Developer will <br />cure its default and continue its performance under the Agreement. Suspension of <br />performance includes the right of the City to withhold permits including, but not <br />limited to, building permits. <br />B. The City may initiate such action, including legal or administrative action, as is <br />necessary for the City to secure performance of any provision of this Agreement or <br />recover any amounts due under this Agreement from the Developer, or immediately <br />draw on the Security, as set forth in this Agreement. <br />34. ENFORCEMENT BY CITY; DAMAGES. The Developer acknowledges the right of <br />the City to enforce the terms of this Agreement against the Developer, by action for specific <br />performance or damages, or both, or by any other legally authorized means. In the event of a <br />default by the Developer as to construction or repair of any of the Subdivision Improvements or <br />any other work or undertaking required by this Agreement, the City may, at its option, perform the <br />work and the Developer shall promptly reimburse the City for any expense incurred by the City. <br />This Agreement is a license for the City to act, and it shall not be necessary for the City to seek <br />an order from any court for permission to enter the Subdivision for such purposes. If the City <br />does such work, the City may, in addition to its other remedies, levy special assessments against <br />the land within the Subdivision to recover the costs thereof. For this purpose, the Developer, for <br />itself and its successors and assigns, expressly waives any and all procedural and substantive