Developer default. Where required improvements and common amenities
have not been properly or timely completed, or where the developer
otherwise breaches any of the terms and conditions of the improvements
agreement, the Township 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 Township 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
work. To complete the work, the Township 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 equipment and materials) and/or may contract
directly with third parties. The Township shall not be required to
bid any work, and the developer shall become immediately responsible
to pay to the Township any deficiency incurred as a result of the
default or breach. The above not withstanding, the Township shall
retain all other rights and remedies to secure compliance with the
conditions of plan approval, the terms of the improvement agreement
and completion of the work.