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NS-2967
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Last modified
8/11/2020 12:21:17 PM
Creation date
6/21/2019 4:43:37 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2967
Date
6/18/2019
Destruction Year
P
Document Relationships
2019-040 - Mainplace Mall Transformation
(Amends)
Path:
\Resolutions\CITY COUNCIL\2011 -\2019
NS-2966
(Amends)
Path:
\Ordinances\2011 - 2020 (NS-2813 - NS-3000)\2019 (NS-2963 - NS-2978
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time to time only with the written consent of Owner and the City or their successors and assigns, <br />and only upon approval of an amendment by the City Council after a public hearing in <br />accordance with Government Code Section 65868. This provision shall not limit any remedy of <br />City or Owner as provided by this Agreement. <br />2.10. Termination. This Agreement shall be deemed terminated and of no further effect upon <br />the occurrence of any of the following events: <br />2.10.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4. <br />2.10.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the <br />ordinance approving this Agreement. <br />2.10.3. The adoption of a referendum measure overriding or repealing the ordinance <br />approving this Agreement. In the event a referendum petition challenging the ordinance <br />approving this Agreement is submitted to the City Clerk, Owner shall deposit with the City Ten <br />Thousand Dollars ($10,000) ("Petition Deposit") to cover the actual cost incurred by the City <br />examining the petition and verifying signatures. Should the referendum qualify for the ballot, <br />Owner may request, at or prior to the Council meeting at which the Council will take up the <br />referendum issue, that the City Council repeal the ordinance, rather than submitting it to the <br />voters. If Owner does not request that the City Council repeal the ordinance, and the City <br />Council submits the ordinance to the voters, Owner shall deposit Fifty Thousand Dollars <br />($50,000) ("Referendum Deposit") with the City. City may use the funds to pay any and all <br />costs associated with the said referendum measure. Any funds remaining in the Petition Deposit <br />may be put toward the Referendum Deposit at the Owner's request. If at any time the <br />Referendum Deposit account has Five Thousand Dollars ($5000) or less remaining, Owner shall, <br />within three (3) days of receiving notice from the City, deposit with the City additional funds as <br />requested by the City to cover all costs and expenses associated with the referendum and holding <br />the related election. Following certification of the election results, any funds remaining in the <br />Petition Deposit or the Referendum Deposit account shall be returned to the Owner. In the event <br />Owner requests that the City Council repeal the ordinance and the City Council nonetheless <br />determines to submit the ordinance to the voters, Owner shall have no responsibility for the costs <br />associated with holding the election. <br />2.10.4. Completion of the Project in accordance with the terms of this Agreement <br />including issuance of all required occupancy permits, final approval for occupancy by the City, <br />and acceptance by City or applicable public agency of all required dedications. <br />2.10.5. Termination of the Agreement as provided in Sections 6.3 or 6.4 herein. <br />Termination of this Agreement shall not constitute termination of any other land use entitlements <br />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 <br />performed prior to such termination or with respect to any default in the performance of the <br />provisions of this Agreement that has occurred prior to such termination or with respect to any <br />obligations that are specifically set forth as surviving this Agreement. Upon such termination, <br />any Development Impact Fees paid by Owner to City for residential units on which construction <br />has not yet begun shall be refunded to Owner by City. <br />2.11. Notices. <br />S2 <br /> <br />
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