(A) Forfeiture. The city may terminate this franchise as provided in this section, subject to grantee’s right to a court review of the reasonableness of such action, upon the willful failure of grantee to comply promptly and completely with each and every material term, condition or obligation imposed upon grantee by this franchise.
(B) Notice and opportunity to cure. The city shall give grantee 90 days prior written notice of its intent to exercise its rights under § 101.10(A), stating the reasons for declaring a forfeiture. If grantee cures the stated reason within the 90-day notice period, or if grantee initiates efforts to remedy the stated reason and, to the city’s satisfaction, the efforts continue in good faith, the city shall not exercise its right to terminate the franchise by forfeiture. If grantee fails to cure the stated reason within the 90-day notice period, or if grantee does not undertake and/or maintain efforts to remedy the stated reason to the city’s satisfaction, then the city may declare the franchise forfeited and terminate the franchise. In no event shall the city exercise its rights under this section if a bona fide, good-faith dispute exists between the city and grantee as to the basis of the forfeiture.
(C) Remedies not exclusive. All remedies and penalties under this franchise, including termination of the franchise, are cumulative, and the recovery or enforcement of one is not a bar to the recovery or enforcement of any other such remedy of penalty. The remedies and penalties contained in this franchise, including termination of the franchise, are not exclusive and the city reserves the right to enforce the penal provisions of any ordinance or resolution and to avail itself of any and all remedies available at law or in equity. Failure to enforce shall not be construed as a waiver of a breach of any term, condition or obligation imposed upon the grantee by or pursuant to this franchise. In determining which remedy or remedies are appropriate, the city shall consider the nature of the violation, there person or persons burdened by the violation, the nature of the remedy required in order, to prevent further such violation, and any other matters the city deems appropriate.
(Ord. 2008-04-01, passed 4-8-2008; Ord. 2010-04-01, passed 5-13-2010)