11A - 2ND READ ORD - MATER DEI - Laserfiche WebLink

Home Browse Search

(c) In the year 2000, City constructed a public parking lot on the cast side of Bristol Street north of Edinger Avenue as part of its Bristol Street widening project. The parking lot contains approximately 240 parking spaces. City shall not impose any charge for parking at the parking lot. (d) In the year 1999, Developer acquired Additional Parcel Nos. 1, 2, and 3 for use and improvement as a parking area for students attending the school as shown on the Site and Development Plan, At Developer's expense, Developer removed the improvements previously located on Additional Parcel No. 3 within one (1) year after the conveyance of Additional Parcel No. 3 to Developer. Developer may use the area for other school uses including offices and classrooms if a substitute parking area for students having an equal parking capacity is provided elsewhere, either on the Property or on other property in the vicinity of the Property which either is owned by Developer or is subject to an casement or covenant which allows its use for parking appurtenant to the school on the Property. 12. Default and Remedies (a) Developer shall be in default under this Second Amendment upon the happening of one or more of the following events or conditions: (i) If a material warranty, representation or statement, made or furnished by Developer to City is false or proves to have been false in any material respect when it was made; (ii) A finding and determination by the City Council made following a periodic review under Government Code Section 65865.1 that upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Second Amendment; or (iii) An express repudiation, refusal or renunciation of this Second Amendment, if the same is in writing and signed by Developer. (b) City shall be in default under this Second Amendment if it shall: (i) fail to comply in good faith with the requirements hereof regarding the permitted development standards and uses specified herein, or City's obligations under Section 12 hereof; or (ii) expressly repudiate, refuse or renounce this Second Amendment in writing. (c) Notwithstanding any provision of this Second Amendment to the contrary, except for Developer's default under subsection 13(a)(iii), above, Developer shall not be deemed to be in default under this Second Amendment, raid City may not terminate Developer's rights under this Second Amendment, unless City shall have first delivered a written notice of any alleged default to Developer, which shall specify the natuve of such default. Except for Developer's default under subsection 13(a)(iii), if such default is not cured by Developer within -10- 11A -16