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6.6 Certificate ofAare emeat Compliance. If, at the conclusion of a Periodic or Special Review,
<br />OWNER is found to be in compliance with this Agreement, CTTY shall, upon request by
<br />OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating
<br />that after the most recent Periodic or Special Review and based upon the information
<br />known or made known to the City Manager and City Council that: (1) this Agreement
<br />remains in effect; and (2) OWNER is not in default. The Certificate shall be in recordable
<br />form, shall contain information necessary to communicate constructive record notice of the
<br />finding of compliance, shall state whether the Certificate is issued after a Periodic or
<br />Special Review and shall state the anticipated date of commencement of the next Periodic
<br />Review. OWNER may record the Certificate with the County Recorder.
<br />6.6.1 Whether or not the Certificate is relied upon by assignees or other transferees or
<br />OWNER, CITY shall not be bound by a Certificate if a default existed at the time
<br />of the Periodic or Special Review, but was concealed from or otherwise not known
<br />to the City Manager or City Council.
<br />6.7 Conditions of Discretionary Approvals. The requirements imposed as conditions of any
<br />discretionary approval receivedthrough the City's existing regulatory process shall be
<br />governed by the terns of those approvals, and in no event shall such conditions be
<br />affected bythe termination, cancellation, rescission, revocation, or default or expiration
<br />of this Development Agreement (although such conditions must comply with the
<br />Applicable Rules), The Conditions of Approval are incorporated herein by reference and
<br />attached as Exhibit "I"
<br />7. DEFAULT AND REMEDIES,
<br />7.1 Remedies in Geneeal. It is acknowledged by the parties that CITY would not have entered
<br />into this Agreement if it were to be liable in damages under this Agreement, or with respect
<br />to this Agreement or the application thereof, hi general, each of the parties hereto may
<br />pursue any remedy at law or equity available for the breach of any provision of this
<br />Agreement, except that CITY shall not be liable in damages to OWNER, or to any
<br />successor in interest of OWNER, or to any other person, slid OWNER covenants not to
<br />sue for damages or claim any damages:
<br />(a) For any breach of this Agreement or for any cause of action that arises out of this
<br />Agreement; or
<br />(b) For the taking, impairment or restriction of any right or interest conveyed or
<br />provided under or pursuant to this Agreement; or
<br />(c) Arising out of or connected with any dispute, controversy or issue regarding the
<br />application or interpretation or effect of the provisions of this Agreement.
<br />7.2 Release. Except for non -monetary remedies, OWNER, for itself, its successors and
<br />assignees, hereby releases CITY, its officers, agents and employees from any and all
<br />claims, demands, actions, or suits of any kind or nature arising out of any liability, known
<br />or unknown, present or future, including, but not limited to, any claim or liability, based or
<br />asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and
<br />Fourteenth Amendments to the United States Constitution, or any other law or ordinance
<br />which seeks to impose any other liability or damage, whatsoever, upon CITY because it
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<br />Ordinance NS-2979
<br />Page 30 of 59
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