Resolution 2020-25 - Laserfiche WebLink

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3. Breach. a. In the event that the Developer should fail to timely comply with any of the terms, conditions, covenants and undertakings of the Agreement, and if such noncom- pliance is not cured and brought into compliance within thirty (30) days of written notice of breach of the Developer by the City, unless the City in writing and in its sole discretion designates a longer cure period, then the City may draw on the Financial Guarantee and complete the Project Improvements at Developer's expense. Developer's expense shall be limited to the costs actually incurred by the City. Notice by the City to the Developer will specify the conditions of default. If the City determines in its sole discretion that an emergency exists, such that the improvement must be completed in less than seven (7) days, the City may immediately complete the Improvements at Developer's expense; in such event, the City shall use its best efforts to notify Developer at the earliest practical date and time. The City may also, during the cure period and until completion of the improvements in compliance with this Agreement, withhold any additional building permits, certificates of occupancy, or provision of new utilities fixtures or services. Nothing herein shall be construed to limit the City from pursuing any other remedy at law or in equity which may be appropriate under city, state or federal law. Failure to timely complete construction of Project Improvements which is due to inclement weather, unavailability of labor or materials, or force majeure shall not be considered a breach of the Agreement. Any costs incurred by the City, including, but not limited to, reasonable administrative costs and reasonable attorney's fees, in pursuit of any remedies due to the breach by the Developer shall be the responsibility of the Developer. b. Reimbursement to City. Upon Developer's breach of any of its obligations beyond any applicable cure period, the City may complete construction, repairs, replacements, or other work of Developer, in which event Developer shall reimburse the City within thirty (30) days after receipt of written demand and supporting documentation from the City. If Developer fails to so reimburse City, then Developer shall be in default of the Agreement, and the City shall have any remedy at law or in equity which may be appropriate under city, state or federal law to enforce Developer's obligations under this Agreement. 4. Entire Agreement. This instrument shall constitute the entire agreement among the LRC, the City, and Developer and supersedes any prior agreements between the Parties and their agents or representatives, all of which are merged into and revoked by this Agreement with respect to its subject matter. Contact information is as follows: If to Developer: 824 SOUTH, INC. Attn: Barbie Iglesias (with copy by email to Erik Hartronft) 5718 Westheimer, Suite 1806 Houston, TX 77057 Phone: 720.891.1580 baigles@outlook.com erik@hapcdesign.com