Laserfiche WebLink
City Council that: (1)this Agreement remains in effect;and(2)Owner is not in default. The <br /> Certificate shall be in recordable form,shall contain information necessary to communicate <br /> constructive record notice of the finding of compliance,shall state whether the Certificate is <br /> issued after a Periodic or Special Review and shall state the anticipated date of commencement <br /> of the next Periodic Review.Owner may record the Certificate with the County Recorder. <br /> 6.6.2. 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 of the Periodic or <br /> Special Review,but was concealed from or otherwise not known to the City Manager or City <br /> Council. <br /> 6.7. Conditions of Discretionary Approval . The requirements imposed as conditions of any <br /> discretionary approval received through the City's existing regulatory process shall be <br /> governed by the terms of those approvals,and in no event shall such conditions be affected <br /> by the termination, cancellation, rescission, revocation,or default or expiration of this <br /> Development Agreement (although such conditions must comply with the Applicable Rules). <br /> 7. DEFAULT AND REMEDIES. <br /> 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not <br /> have entered into this Agreement if either party were to be liable in damages arising out of a <br /> breach or default under this Agreement and,therefore,each of the parties hereto hereby <br /> acknowledge and agree that the sole remedies that either party hereto may pursue and enforce <br /> against the other arising out of a default or breach under this Agreement by the other party(and <br /> the expiration of all applicable notice and cure periods)shall be an action for specific <br /> performance or a termination of this Agreement by such non-defaulting party's obligations under <br /> this Agreement(subject to the terms and provisions of Section 6.3.3),and each party hereto <br /> expressly waives any other remedy they might otherwise be entitled to pursue,at law or in equity, <br /> against the other,and each party hereto expressly waives any right to sue the other for damages or <br /> claim any damages. <br /> 7.2. Release. <br /> 7.2.1. Except for specific performance,Owner,for itself, its successors and assignees, <br /> hereby releases City,its officers,agents and employees,from any and all claims,demands, <br /> actions,or suits of any kind or nature arising out of any liability,known or unknown,present or <br /> future,because it entered into this Agreement or because of the terms of this Agreement.Owner <br /> hereby acknowledges that it has read and is familiar with the provisions of California Civil Code <br /> Section 1542,which is set forth below: <br /> "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE <br /> CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST <br /> IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND <br /> THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED <br /> HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.." <br /> By initialing below,Owner hereby waives the provisions of Section 1542 in connection <br /> with the matters that are the subject of the foregoing waivers and releases. <br /> Ordinance No. NS-3087 <br /> Page 27 of 41 <br />