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FULL PACKET_2019-12-03
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FULL PACKET_2019-12-03
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
12/3/2019
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approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.17 prior to <br />issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and <br />administered by Property Management. <br />4.18 Parking Management Plan. Developer has provided a parking management plan <br />("PMP'), attached herewith as Exhibit F and incorporated herein by reference, which indicates <br />that, if needed, valet service for on -site vehicle stacking could create an additional 80 parking <br />spaces, raising the total onsite parking spaces from 332 to 412. In addition, the PMP indicates that <br />an additional 70 offsite parking spaces at a nearby City -owned parking structure could be leased <br />on a long term basis. The PMP shall be adhered to and be enforced by the Project at all times. <br />Additionally, the City may enforce the provisions of the PMP against the Developer in the City's <br />sole discretion. <br />5. [INTENTIONALLY RESERVED] <br />6. TERM OF THIS AGREEMENT <br />6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") <br />shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years <br />after the City issues the last certificate of occupancy for the building in which the Affordable Unit <br />is located. <br />DEFAULT AND TERMINATION; INDEMNIFICATION <br />7.1 Default. Failure or delay by any Party to perform any term or provision of this <br />Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party <br />specifying the default (or such other period specifically provided herein), constitutes a default <br />under this Agreement; provided, however, if such default is of the nature requiring more than thirty <br />(30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within <br />such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an <br />additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of <br />ninety (90) days). Except as required to protect against further damages, the injured Party may <br />not institute proceedings against the Party in default until the time for cure has expired. Failure or <br />delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time <br />of default. <br />7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are <br />cumulative, and the exercise by either Party of one or more of its rights or remedies shall not <br />preclude the exercise by it, at the same or different times, of any other rights or remedies for the <br />same default or any other default by the other Party. <br />7.3 Indemnification. In addition to any other indemnity specifically provided in this <br />Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of <br />Developer, which shall not be unreasonably withheld, and which may be joint defense counsel <br />upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, <br />officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from <br />13 <br />60A-234 <br />
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