ORD 1792 - Laserfiche WebLink

the basis of substantial evidence, that the Developer has not complied in good faith with the terms and conditions of this Agreement during the period under review, and Developer has been notified and given an opportunity to cure in accordance with the provisions of Section 11.2 below, the Council may modify or terminate this Agreement. If the Director does not initiate the review for a given year, or if the City Council does not make a compliance decision, then this Agreement shall nonetheless continue in full force and effect and Developer shall not be deemed to be in breach of this Agreement or out of compliance with any applicable law solely by reason of such failure. 10.5 Staff Reports and Fees. To the extent practical, City shall deposit in the mail and fax to Developer a copy of all staff reports and related exhibits concerning compliance at least ten (10) days prior to the annual review being considered by the City Council. The fee for City's annual review shall not exceed the City's actual costs of conducting the review, and shall be paid by Developer. 11. Default. 11.1 Other Remedies Available. Upon the occurrence of an event of default, the Parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement expressly including the remedy of specific performance of this Agreement. 11.2 Notice and Cure. Upon the occurrence of an event of default by any Party, a nondefaulting Party shall serve written notice of such default upon the defaulting Party. If the default is not cured by the defaulting Party within thirty (30) days after service of such notice of default, the nondefaulting Party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such 30-day period, the nondefaulting Party shall refrain from any legal or equitable action so long as the defaulting Party begins to cure such default within such 30-day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12. Estoppel Certificate. Any Party may, at any time, and from time to time, request written notice from any other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c)the requesting Party is not in default in the performance of its obligations under the Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a written request hereunder shall execute and retum such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. City Manager of City shall be authorized to execute any certificate requested to Developer or Landowner. The failure to deliver such certificate within such time shall be conclusive evidence upon the Party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting Party. Failure to execute an estoppel certificate shall not be deemed a default. -10- 10/21/99