11D - ORDINANCE NS-2677 - Laserfiche WebLink

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4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This Agreement amends, restates and supersedes the Original Agreement in its entirety. 4.2 Property Subject to the Agreement. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this Agreement until Property Owner has fully performed its obligations arising out of the Agreement. 4.3 Effective Date; Duration of Agreement. The "Effective Date" of this Development Agreement shall be the date that the City Council ordinance adopting this Development Agreement becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless this Agreement or Ordinance No. NS-2676 (the amendment to SO-59) is the subject of a referendum which has received a prima facie sufficient number of signatures or unless its effective date is stayed by order of a court with jurisdiction. The remaining term of this Agreement shall extend for the same period as specified in the Original Agreement, unless this Agreement is earlier terminated or its term modified by further agreement fully executed by both parties; provided, however, that nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. Except as expressly stated herein, paragraph 3 of the Original Agreement shall remain in full force and effect. (b) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of the Map, including any lot line adjustment or merger oflots (or any other tentative map filed subsequent to the Effective Date of this Agreement), shall not expire during the term of this Development Agreement remains in effect. (c) Notwithstanding subsections (a) or (b) hereof, if, at the end of the original or any modified term, the Property is in the process of being developed, the term of this Development Agreement shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. (d) The expiration of this Development Agreement shall not terminate any land use approvals approved concurrently with or subsequent to the approval of this Development Agreement, but shall merely end the period as to which such approvals are vested against subsequent changes in applicable law. (e) Upon the expiration or termination of this Development Agreement for any reason, the City and Owner and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4.4 Assignment. Owner shall have the right to transfer or assign the Property, in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or corporation at any time during the term ofthis Agreement; provided, however, that except as provided in section 4.4.1 of this Agreement the rights of Owner under this Agreement may not 5 11 0-9