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75E - PH 2525 MAIN ST
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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manner provided for in Government Code Section 65868. This provision shall not <br />limit any remedy of CITY or OWNER as provided by this Agreement. <br />2.7 Termination. This Agreement shall be deemed terminated and of no <br />further effect upon the occurrence of any of the following events: <br />(a) Expiration of the stated Term of this Agreement as set forth in Section <br />2.4. <br />(b) Entry of a final judgment setting aside, voiding or annulling the adoption <br />of the ordinance approvhtg this Agreement. <br />(c) The adoption of a referendum measure overriding or repealing the <br />ordinance approving this Agreement. <br />(1) Within Eve (5) days of receipt of a referendum petition by the <br />CITY, OWNER shall deposit Fifty Thousand Dollars ($50,000) ("Referendum Deposit") with the CITY. <br />CITY may use the finds to pay any and all costs associated with the said referendum measure. If at <br />any time the Referendum Deposit account has Five Thousand Dollars ($5000) or less remaining, <br />Developer shall, within three (3) days of receiving notice from the CITY, deposit with the City additional <br />funds as requested by the CITY to cover all costs and expenses associated with processing the <br />referendum and holding the related election. Following certification of the election results, any funds <br />remaining in the Referendum Deposit account shall be returned to the OWNER. <br />(d) Completion of the Project in accordance with the terms of this <br />Agreement including issuance of all required occupancy permits, final approval for occupancy by the <br />City, and acceptance by CITY or applicable public agency of all required dedications. <br />Tennination of this Agreement shall not constitute termination of any other land use <br />entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any <br />further right or obligation hereunder except with respect to any obligation to have been performed prior <br />to such termination or with respect to any default in the performance of the provisions of this Agreement <br />that has occurred prior to such tennination or with respect to any obligations that are specifically set <br />forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by <br />OWNER to CITY for residential units on which construction has not yet begun shall be refunded to <br />OWNER by CITY. <br />2.8 Notices. <br />(a) As used in this Agreement, 'notice" includes, but is not limited to, the <br />communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, <br />appointment or other communication required or permitted hereunder. <br />(b) All notices shall be in writing and shall be considered given either: (i) <br />when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return <br />receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail <br />with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient <br />named below; or (iii) on the date of delivery shown in the records of the telegraph company after <br />transmission by telegraph to the recipient named below. All notices shall be addressed as follows: <br />If to CITY: <br />55394.00002U 1553187.10 <br />ME <br />75E-134 <br />
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