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..��,a, __..,�...y�:,.. w., ,. . �.,�_ <br /> 5.6.3 Enforcement. These special development covenants may be enforced by <br /> the City regazdless of whether the City currently owns or continues to own an <br /> interest in any property benefited by any such covenants. The Developer <br /> irrevocably stipulates and agrees that breach of any of the special development <br /> covenants set forth in this ARTICLE 5 will result in great and irreparable damage <br /> to the City, and will result in damages to the City that are e'.ther impracticable or <br /> extremely difficult to quantify. Accordingly, upon the breach of any special <br /> development covenant set forth in this ARTICLE 5, the City may institute an <br /> action for injunctive relief regarding such breach. <br /> 5.6.4 Automatic Termination. Upon the expiration of the time periods set forth <br /> ' in this ARTICLE 5 foz each of the special development covenants, such special <br /> development covenant shall be of no further force or effect without the necessity <br /> of notice of further agreement. Upon the written request of Developer following <br /> ' the expiration of any special development covenant, City agrees to confirm in <br /> writing the expiry of such special development covenant and execute and deliver <br /> to Developer such documents or agreements, including quitclaim deeds, as are <br /> necessary to remove such expired special development covenant form any <br /> recorded document." <br /> ', "7.9 City Option to Purchase Following Conveyance. <br /> ', 7.9.1 The City shall have the right at its option to terminate this Agreement and <br /> ; to purchase the Site ("Option to Purchase") with all improvements thereon, if <br /> ' after conveyance of the City Property to the Developer and prior to the date of <br /> issuance by the City of a Certificate of Completion pursuant to Section 4.13 of <br /> this Agreement,the Developer shall: <br /> (a) Subject to the provisions of Section 8.15, abandon or substantially <br /> suspend construction of the improvements for a period of three (3) consecutive <br /> ' months after written Notice of such abandonment or suspension from the City(the <br /> : "Initial Option to Purchase Notice");or <br /> ' (b) Without the prior written consent of the City, a Transfer of all or <br /> ' any portion of or any interest in the Site has occurred, other than a Permitted <br /> Encumbrance, Permitted Transfer, or any mechanic's liens, preliminazy notices <br /> from contractors or other encumbrances related to the construction of the Project <br /> and such unpermitted Transfer has remained in effect and uncured for a period of <br /> three(3) consecutive months after the Initial Option to Purchase Notice form City <br /> (or, if not susceptible of cure within such three-month period, the Developer fails <br /> to commence to cure within such period and thereafter to prosecute diligently to <br /> completion). For the purpose of this paragraph, the terms "sell" and "transfer" <br /> shall include, in addition to the common and ordinary meaning of those terms and <br /> without limiting their generality, transfers made to subsidiary or aff'iliated entities, <br /> Exhibit"F" <br /> Form Of Notice Of Agreement <br /> Page 6 <br /> 2013.118/6LOCK 2 HUNTER STORM <br /> REV:07-2&13 PT <br />