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NS-1802
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Last modified
1/3/2012 1:03:57 PM
Creation date
6/26/2003 10:08:07 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1802
Date
11/4/1985
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13. Periodic Review of Compliance with Agreement. City <br />shall review this Agreement at least once every twelve (12) <br />month period from the date this Agreement is executed. During <br />each periodic review by City, Developer is required to <br />demonstrate good faith compliance with the terms of this <br />Agreement. Developer agrees to furnish such evidence of good <br />faith compliance as City in a reasonable exercise of its <br />discretion may require. Evidence of good faith compliance may <br />include, but is not necessarily limited to, conformance with <br />the requirements of the Development Proposal as outlined on <br />Exhibit "C~. <br /> <br /> 14. Amendment or Cancellation of Agreement. This <br />Agreement may be amended or cancelled in whole or in part only <br />by mutual consent of the parties or their successors in <br />interest, in the manner provided for in California Government <br />Code Sections 65865.1, 65867.5, and 65868. <br /> <br /> 15. Enforcement. Unless amended or~ cancelled in <br />accordance with the terms of this Agreement, this Agreement is <br />specifically enforceable by either party. Notwithstanding the <br />foregoing, City's ~emedies under this Agreement shall be <br />limited to the right to specifically enforce the terms and <br />provisions of paragraph 12 hereof, the right to terminate this <br />Agreement as provided herein, and the right to specifically <br />enforce the provisions of paragraphs 3 and 11. City specifi- <br />cally agrees that City has no right or power hereunder <br />whatsoever to specifically enforce nor in any way to compel <br />Developer to either start or complete the Project. Neither <br />party shall be liable in damages to the other by reason of any <br />default under this Agreement. <br /> <br />16. Events of Default. <br /> <br /> a. Developer shall be in default under this <br />Agreement upon the happening of one or more of the <br />following events or conditions: <br /> <br /> (1) If a material warranty, representation or <br />statement was made or furnished by Developer to City <br />with respect to this Agreement which was known to be <br />false in any material respect when it was made; <br /> <br /> (2) A finding and determination by the City <br />Council, made following a periodic review under the <br />procedures provided under Government Code Section <br />65865.1 and paragraph 13 hereof, that upon the basis <br />of substantial evidence Developer has not complied <br />in good faith with one or more of the material terms <br />or conditions of this Agreement. <br /> <br /> <br />
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