Developer default. Where required improvements have not been properly
or timely completed, or where the developer otherwise breaches any
of the terms and conditions of the improvements agreement; the Borough
may claim against the financial security posted by the developer and
undertake to install, construct, erect and/or complete such portions
of the improvements as are then not completed, repaired or replaced
as well as any portions of the improvements deemed defective or deficient,
or otherwise cure the developer's default or breach. The Borough
may use the security to pay for all costs (including fees for engineers,
attorneys and other necessary consultants) incurred in identifying,
inspecting, enforcing and completing the developer's obligation.
To complete the work, the Borough may do some or all of the work using
its own labor force (and reimburse itself for all of the direct and
indirect costs thereof, including, but not limited to, employee wage
and benefits costs, insurances, and engineering, legal, and consulting
fees) and/or may contract directly with third parties. The Borough
shall not be required to bid any work, and the developer shall become
immediately responsible to pay to the Borough any deficiency incurred
as a result of the default or breach. The Borough shall retain all
other rights and remedies to secure compliance with the conditions
of approval, the terms of the improvements agreement and completion
of the work.