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75A - 301 EAST JEANETTE LANE
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03/02/2009
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75A - 301 EAST JEANETTE LANE
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1/3/2012 4:23:09 PM
Creation date
2/24/2009 2:29:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/2/2009
Destruction Year
2014
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with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the <br />Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment. <br />9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First <br />Amendment are part of this First Amendment. <br />9.5 Captions. The captions of this First Amendment are for convenience and <br />reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the <br />interpretation, construction, or meaning of any of the provisions of this First Amendment. <br />9.6 Consent. Where the consent or approval of a party is required in or <br />necessary under this First Amendment, the consent or approval shall not be unreasonably <br />withheld. <br />9.7 Covenant of Cooperation. The parties shall cooperate with, deal with <br />each other in good faith, and assist each other in the performance of the provisions of this First <br />Amendment. <br />9.8 Time of Essence. Time is of the essence for each provision of this First <br />Amendment of which time is an element. <br />9.9 Conflicts of Law. In the event that state or federal laws or regulations <br />enacted after this First Amendment has been entered into or the action or inaction of any other <br />affected governmental jurisdiction prevent or preclude compliance with one or more provisions <br />of this First Amendment or require changes in plans, maps, or permits approved by the City, the <br />parties shall provide the other party with written notice of such state or federal restriction, <br />provide a copy of such regulation or policy, and a statement of conflict with the provisions of this <br />First Amendment. The parties shall, within thirty (30) days, meet and confer in good faith in a <br />reasonable attempt to modify this First Amendment to comply with such federal or state law or <br />regulation. Thereafter, regardless of whether the parties reach an First Amendment on the effect <br />of such federal or state law or regulation upon the First Amendment, the matter shall be <br />scheduled for hearing before the Council. Public notice of such hearing shall be given pursuant <br />to Government Code Section 65854.5. The City Council, at such hearing, shall determine the <br />exact modification or suspension which shall be necessitated by such federal or state law or <br />regulation pursuant to Government Code Section 65869.5. At the hearing Owner shall have the <br />right to offer oral and written testimony. <br />9.10 No Reliance By One Party On The Other. Each party has received <br />independent legal advice from its attorneys with respect to the advisability of executing this First <br />Amendment and the meaning of the provisions hereof. In addition, the provisions of this First <br />Amendment shall be construed as to their fair meaning, and not for or against any party based <br />upon any attribution to such party as the source of the language in question. <br />9.11 Arms Length Transaction. Each party represents and warrants to the <br />other the following: it has carefully read this First Amendment, and in signing this First <br />15 <br />75A-199 <br />
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