Laserfiche WebLink
28 <br />the particular breach so waived and shall not be deemed to waive any other concurrent, previous <br />or subsequent breach hereunder. <br /> <br />Section 9.6. Agreement to Pay Attorney’s Fees and Expenses. Whenever any Event of <br />Default occurs and the City employs attorneys or incurs other expenses for the collection of <br />payments due or to become due or for the enforcement or performance of any obligation or <br />agreement on the part of the Redeveloper herein contained, the Redeveloper agrees that it shall, <br />on demand therefor, pay to the City the reasonable fees of such attorneys and such other <br />reasonable expenses so incurred by the City. <br /> <br /> Section 9.7. Revesting Title in City Upon Happening of Event Subsequent to <br />Conveyance to Redeveloper. In the event that subsequent to conveyance of the Property to the <br />Redeveloper and prior to the Certificate of Completion Date: <br /> <br /> (a) Subject to Unavoidable Delays, the Redeveloper fails to carry out its obligations <br />with respect to the construction of the Public Improvements and the Model Home (including the <br />date for the completion thereof), or abandons or substantially suspends construction work, and <br />any such failure, abandonment, or suspension shall not be cured, ended, remedied or assurances <br />reasonably satisfactory to the City made within ninety (90) days after written demand from the <br />City to the Redeveloper to do so; or <br /> <br /> (b) The Redeveloper fails to pay real estate taxes or assessments on the Property or <br />any part thereof when due from the Redeveloper or creates, suffers, assumes, or agrees to any <br />encumbrance or lien on the Property which is unauthorized by this Agreement and has priority <br />over the City’s rights under this Agreement, or shall suffer any levy or attachment to be made, or <br />any materialmen’s or mechanics’ liens, or any other unauthorized encumbrance or lien to attach <br />to the Property, and such taxes or assessments shall not have been paid, or the encumbrance or <br />lien removed or discharged or provisions reasonably satisfactory to the City made for such <br />payment, removal, or discharge within sixty (60) days after written demand by the City to do so; <br />provided, that if the Redeveloper shall first notify the City of its intention to do so, it may in good <br />faith contest any real estate taxes or any mechanics’ or other lien and, in such event, the City <br />shall permit such taxes or mechanics’ or other lien to remain undischarged and unsatisfied during <br />the period of such contest and any appeal, but only if the Redeveloper provides the City with a <br />bank letter of credit or other security in the amount of the taxes or the lien, in a form reasonably <br />satisfactory to the City pursuant to which the bank or other obligor will pay to the City the <br />amount of such taxes or lien in the event that the taxes or the lien is finally determined to be <br />valid. During the course of such contest the Redeveloper shall keep the City informed respecting <br />the status of such defense; or <br /> <br /> (c) There is, in violation of this Agreement, any transfer of the Property, assignment <br />of this Agreement in whole or in part(other than those permitted in Section 7.2 above) and such <br />violation has not been cured within ninety (90) days after written demand by the City to the <br />Developer; <br /> <br />The City shall provide written notice to Redeveloper and provide Redeveloper ninety (90) days <br />to cure the deficiency or default of the Redeveloper. If the Redeveloper fails to cure any and all