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Agmt 2005 Mercy Housing California (2)
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Agmt 2005 Mercy Housing California (2)
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Last modified
5/10/2007 12:28:21 PM
Creation date
5/10/2007 12:28:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/6/2005
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PERM
Document Relationships
Agmt 2005 Mercy Housing California (3)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2005
Agmt 2006 Mercy Housing California
(Amended by)
Path:
\City Clerk\City Council\Agreements\2006
Agmt 2006 Mercy Housing California (2)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2006
RDA Reso 2005-018
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2005
RDA Reso 2005-019
(Reference)
Path:
\City Clerk\City Council\Resolutions\2005
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<br />Parties, despite good faith efforts, fail to negotiate a mutually agreeable DDA within the Term of <br />this Agreement as it may be extended. <br /> <br />14. Effect of Termination. Upon termination as provided herein, or upon the expiration of the <br />Term and any extensions thereof without the Parties having successfully negotiated a DDA, this <br />Agreement shall forthwith be void, and there shall be no further liability or obligation on the part <br />of either of the Parties or their respective officers, employees, agents or other representatives; <br />provided however, the provisions of Section 10 (Expenses), Section 11 (Confidentiality), Section <br />11 (Termination), Section 16 (Indemnification) and Section 20 (No Brokers) shall survive such <br />termination. Provided further, that upon termination or expiration of this Agreement without the <br />Parties having successfully negotiated a DDA, Developer shall deliver to Agency, within 15 days <br />of termination or expiration, all of Developer's Predevelopment Work and reports prepared in <br />connection therewith which have not previously provided to Agency together with all contracts <br />pertaining to preparation of such studies. <br /> <br />15. Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to <br />this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to the <br />other parties in accordance with this Section. All such notices shall be sent by: <br /> <br />(i) personal delivery, in which case notice is effective upon delivery; <br /> <br />(ii) certified or registered mail, return receipt requested, in which case notice <br />shall be deemed delivered on receipt if delivery is confirmed by a return receipt; <br /> <br />(iii) nationally recognized overnight courier, with charges prepaid or <br />charged to' the sender's account, in which case notice is effective on delivery if <br />delivery is confirmed by the delivery service; <br /> <br />(iv) facsimile transmission, in which case notice shall be deemed delivered upon <br />transmittal, provided that (a) a duplicate copy ofthe notice is promptly delivered by first- <br />class or certified mail or by overnight delivery, or (b) a transmission report is generated <br />reflecting the accurate transmission thereof. Any notice given by facsimile shall be <br />considered to have been received on the next business day if it is received after 5 :00 p.m. <br />recipient'stime or on a nonbusiness day. <br /> <br />Agency: <br /> <br />Redevelopment Agency of the City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: Tom Liao <br /> <br />Developer: Mercy Housing California <br />1360 Mission Street, Suite 300 <br />San Francisco, CA 94103 <br />Attn: Sheela Jivan <br />16. Indemnification and Insurance. Developer hereby covenants, on behalf of itself and <br />its permitted succe~sors and assigns, to indemnify, hold harmless and defend (with counsel <br /> <br />768633_6 <br /> <br />6 <br />
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