If the grantee fails to disapprove or correct the violation within ninety days or, in the case of a violation which cannot reasonably be corrected within ninety days and the grantee has timely submitted a satisfactory plan, if the grantee fails to implement the plan in accordance with its terms, then the City may declare the grantee in default, which declaration shall be in writing. In the event that the City declares the grantee in default, the City shall have the right to institute legal proceedings to collect damages from the date of declaration of default, and to exercise any other rights and remedies afforded the City in law or equity, including specific performance, provided, however, that the City may institute revocation proceedings against the grantee only after such declaration of default, and then only pursuant to Section 741.30. In all proceedings under Sections 741.25 to 741.31, each party shall reimburse the other party all costs of enforcement if such party is found to have willfully violated this franchise. The grantee and City agree that, given the difficulty in ascertaining damages, the City shall be entitled to liquidated damages of one hundred dollars ($100.00) per day for each day subsequent to a declaration of default regarding such violation, in addition to all other remedies hereunder or under law for all violations which are not designated by the City as a substantial violation of a material term or condition of this franchise.
(Ord. 09-85-92. Passed 9-15-92.)