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NS-2895
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Last modified
5/18/2016 1:58:40 PM
Creation date
4/20/2016 10:17:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2895
Date
4/5/2016
Destruction Year
P
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(c) In the year 2000, City constructed a public parking lot on the cast side of <br />Bristol Street north of Edinger Avenue as part of its Bristol Street widening project. The parking <br />lot contains approximately 240 parking spaces. City shall not impose any charge for parking at <br />the parking lot. <br />(d) In the year 1999, Developer acquired Additional Parcel Nos. 1, 2, and 3 <br />for use and improvement as a parking area for students attending the school as shown on the Site <br />and Development Plan. At Developer's expense, Developer removed the improvements <br />previously located on Additional Parcel No. 3 within one (1) year after the conveyance of <br />Additional Parcel No. 3 to Developer. Developer may use the area for other school uses <br />including offices and classrooms if a substitute parking area for students having an equal parking <br />capacity is provided elsewhere, either on the Property or on other property in the vicinity of the <br />Property which either is owned by Developer or is subject to an easement or covenant which <br />allows its use for parking appurtenant to the school on the Property. <br />12. Default and Remedies <br />(a) Developer shall be in default under this Second Amendment upon the <br />happening of one or more of the following events or conditions: <br />(i) If a material warranty, representation or statement made or <br />furnished by Developer to City is false or proves to have been false <br />in any material respect when it was made; <br />(ii) A finding and determination by the City Council made following a <br />periodic review under Government Code Section 65865.1 that <br />upon the basis of substantial evidence, Developer has not complied <br />in good faith with a material requirement of this Second <br />Amendment; or <br />(iii) An express repudiation, refusal or renunciation of this Second <br />Amendment, if the same is in writing and signed by Developer. <br />(b) City shall be in default under this Second Amendment if it shall: <br />(i) fail to comply in good faith with the requirements hereof regarding <br />the permitted development standards and uses specified herein, or <br />City's obligations under Section 12 hereof; or <br />(ii) expressly repudiate, refuse or renounce this Second Amendment in <br />writing. <br />(c) Notwithstanding any provision of this Second Amendment to the contrary, <br />except for Developer's default under subsection 13(a)(iii), above, Developer shall not be deemed <br />to be in default under this Second Amendment, slid City may not terminate Developer's rights <br />Linder this Second Amendment, unless City shall have first delivered a written notice of any <br />alleged default to Developer, which shall specify the nature of such default. Except for <br />Developer's default under subsection 13(a)(iii), if such default is not cured by Developer within <br />-10- <br />
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