RCR BRISTOL, LLC (2) - Laserfiche WebLink

Home Browse Search

written notice to Owner of its intention so to do.The notice shall be given at least ten(10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds,based upon substantial evidence,that Owner has not complied in good faith with the terms or conditions of this Agreement,the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City.The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review,Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance("Certificate")to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1)this Agreement remains in effect; and(2)Owner is not in default.The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review,but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and,therefore, each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party(and _22_