ORD 2163 - Laserfiche WebLink

SECTION 6. PERIODIC COMPLIANCE REVIEW; DEFAULT. 6.1 Periodic Compliance Review. On an annual basis and upon thirty (30) days' notice from City to Developer, Developer shall document its good faith compliance with the terms of this Agreement and submit this compliance report to City. This periodic compliance review shall be conducted in accordance with the Development Agreement Statute ("Periodic Review"). 6.2 Notice of Compliance. Provided that City has determined, based on the most recent Periodic Review, that Developer is in compliance with all provisions of this Agreement, then within thirty (30) days following a written request from Developer that may be made from time to time, City shall execute and deliver to Developer (or to any party requested by Developer) a written "Notice of Compliance" in recordable form, duly executed and acknowledged by City, that certifies: (a) This Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; (b) There are no current uncured defaults as to the requesting Developer under this Agreement or specifying the dates and nature of any such default; and (c) Any other information reasonably requested by Developer. Developer shall have the right, at its sole discretion, to record the Notice of Compliance. 6.3 Default. (a) Any failure by City or Developer to perform any material term or condition of this Agreement, which failure continues uncured for a period of sixty (60) days following written notice of such failure from the other Party (unless such period is extended by written mutual consent), shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which such alleged failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 60-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 60-day period. (b) No failure or delay in giving notice of default shall constitute a waiver of default; provided, however, that the provision of notice and opportunity to cure shall nevertheless be a prerequisite to the enforcement or correction of any default. (c) During any cure period specified under this Section and during any period prior to any delivery of notice of default, the Party charged shall not be considered in default for purposes of this Agreement. If there is a dispute regarding the existence of a default, the Parties 12