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20C - AA AMEND AGMT CARIBOU INDUSTRIES
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01/16/2018
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20C - AA AMEND AGMT CARIBOU INDUSTRIES
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1/11/2018 6:04:07 PM
Creation date
1/11/2018 6:01:00 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
20C
Date
1/16/2018
Destruction Year
2023
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to persons requesting information from the City concerning their respective goals, matters of a <br />similar nature relating to development plans or as required by law to be disclosed, upon request or <br />otherwise. <br />8. Acknowledgments and Reservations. <br />(a) The Parties agree that, if this Agreement expires or is terminated for any <br />reason, or a future DDA is not approved and executed by the Parties, for any reason, none of the <br />Parties shall be under any obligation, nor have any liability to each other or any other person <br />regarding the sale or other disposition of the Property or the development of the Project or the <br />Property. <br />(b) The Developer acknowledges and agrees that no provision of this <br />Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer <br />or proposal from the Developer for the City to convey any estate or interest in the Property to the <br />Developer or for the City to provide any financial or other assistance to the Developer for <br />development of the Property or execution of the Project. <br />(c) The Developer acknowledges and agrees that the Developer has not <br />acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest <br />in real or personal property from the City. <br />(d) Certain development standards and design controls for the Project may be <br />established among the Parties, but it is understood and agreed among the Parties that the Project <br />and the development of the Property must conform to all City, and other applicable governmental <br />development, land use and architectural regulations and standards, as may be amended by the <br />Project entitlements processed for the Property. Drawings, plans and specifications for the Project <br />shall be subject to the approval of the City through the standard development application process <br />for acquiring the real estate and entitlements within the Project. Nothing in this Agreement shall <br />be considered approval of any plans or specifications for the Project or of the Project itself by the <br />City. <br />(e) The City reserves the right to reasonably obtain further information, data <br />and commitments to ascertain the ability and capacity of the Developer to purchase, develop and <br />operate the Property and/or the Project., The City shall maintain the confidentiality of financial <br />information of the Developer to the extent allowed by law, as determined by the City Attorney. <br />Notwithstanding the foregoing, if the City receives a request for documents related to this <br />Agreement or the Project pursuant to the California Public Records Act (Govt. Code Section 6254 <br />et. seq) or similar statute, and the City determine that the City has responsive documents, the City <br />shall provide Developer notice not less than three (3) days prior to releasing the responsive <br />documents to the requesting party. During this three (3) day period Developer may seek a court <br />order prohibiting the release of the documents. Any litigation or costs associated with protecting <br />documents from disclosure shall be bome solely by Developer. <br />(f) The Developer expressly acknowledges and agrees that the City will not be <br />bound by any statement, promise or representation made by their respective staff or representatives <br />during the course of negotiations of a future DDA and. that the City shall only be legally bound <br />20-G-9 <br />
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