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25D - AGMT - MOU ELKS BUILDING
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25D - AGMT - MOU ELKS BUILDING
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2/12/2015 4:47:50 PM
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2/12/2015 4:22:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25D
Date
2/17/2015
Destruction Year
2020
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required by law to furnish or which it would otherwise normally furnish to persons requesting <br />information from the CITY concerning its activities, goals and matters of a similar nature. <br />3.3 The CITY shall not be precluded by this MOU from undertaking any actions <br />otherwise required by law. <br />3.4 Any confidential or proprietary information submitted by the ELKS to the <br />CITY pursuant to this MOU shall be identified as such by the ELKS in writing. The CITY shall <br />not disclose confidential or proprietary information unless required by law. The CITY does not <br />represent or warrant that confidential or proprietary 'information submitted by the ELKS is <br />exempt from public disclosure under the Public Records Act (Gov. Code Section 6250, et seq.). <br />4. Acknowledgments and Reservations. <br />4,1 No Further Obligation. The CITY and the ELKS agree that, if this MOU <br />expires or is terminated for any reason, neither the CITY nor the ELKS shall be under any <br />obligation, nor have any liability to the other Party or any other person regarding the acquisition <br />of the Properly or the construction of the Project. <br />4.2 Development Standards and Design Controls. Certain development standards <br />and design controls for the Project may be established between the CITY and the ELKS, but it is <br />understood and agreed between the Parties that the Project must conform to all City and other <br />applicable governmental development, land use and architectural regulations and standards. <br />Drawings, plans and specifications for the Project shall be subject to the approval of the CITY <br />through the standard development application process for projects within the City. Nothing in . <br />this MOU shall be construed as the approval of any plans or specifications for the Project or of <br />the Project itself by the CITY. <br />4.3 Further Information. The CITY reserves the right to reasonably obtain further <br />information, data, and commitments to ascertain the ability and capacity of the ELKS to develop <br />and operate the Project. The ELKS acknowledges that it may be requested to make certain <br />financial disclosures to the CITY, its staff, legal counsel or other consultants, as •part of the <br />financial due diligence investigations of the CITY relating to the potential development of the <br />Project by the ELKS and that any such disclosures may become public records; the ELKS shall <br />be under no obligation to consent to those requests and make such disclosures, and the ELKS' <br />failure to do so shall not be deemed a default by the ELKS hereunder. The CITY shall maintain <br />the confidentiality of financial information of the ELKS to the extent allowed by law. <br />5. Disclosures and Cooperation. The CITY and the ELKS shall generally cooperate with <br />each other and supply such documents and information as may be reasonably requested by the <br />other Party to facilitate the negotiations. Unless precluded by law, the CITY shall keep <br />confidential all proprietary information provided by the ELKS to the CITY. <br />53 CITY Authority. The ELKS acknowledges and agrees that the CITY will not <br />be bound by any statement, promise or representation made by CITY staff during the <br />Negotiation Period or arising from or related to the Project, and that the CITY shall be legally <br />bound only upon any and all necessary approvals from the CITY's City Council. <br />2 <br />25D -4 <br />
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