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8F Consent 2011 1205
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8F Consent 2011 1205
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Last modified
12/14/2011 2:38:19 PM
Creation date
11/29/2011 5:01:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/5/2011
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_CC Agenda 2011 1205
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1205
3B Public Hearing 2011 1121
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1121
Ord 2011-013
(Reference)
Path:
\City Clerk\City Council\Ordinances\2011
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5.5. Reserved <br />5.6. Termination <br />5.6.1. Expiration of Term Except as otherwise provided in this Development <br />Agreement, this Development Agreement shall be deemed terminated and of no further effect <br />upon the expiration of the Term of this Development Agreement as set forth in Section 1.3. <br />5.6.2. Survival of Obligations Upon the termination or expiration of this <br />Development Agreement as provided herein, neither Party shall have any further right or <br />obligation with respect to the Property under this Development Agreement except with respect to <br />any obligation that is specifically set forth as surviving the termination or expiration of this <br />Development Agreement. The termination or expiration of this Development Agreement shall <br />not affect the validity of the Project Approvals (other than this Development Agreement) for the <br />Project. <br />5.6.3. Termination by City Notwithstanding any other provision of this <br />Development Agreement, City shall not have the right to terminate this Development Agreement <br />with respect to all or any portion of the Property before the expiration of its Term unless City <br />complies with all termination procedures set forth in the Development Agreement Legislation <br />and there is an alleged Event of Default by Developer and such Event of Default is not cured <br />pursuant to Article 3 herein or this Article 5 and Developer has first been afforded an opportunity <br />to be heard regarding the alleged default before the City Council and this Development <br />Agreement is terminated only with respect to that portion of the Property to which the default <br />applies. <br />ARTICLE 6. <br />COOPERATION AND IMPLEMENTATION <br />6.1. Further Actions and Instruments <br />Each Party to this Development Agreement shall cooperate with and provide reasonable <br />assistance to the other Party and take all actions necessary to ensure that the Parties receive the <br />benefits of this Development Agreement, subject to satisfaction of the conditions of this <br />Development Agreement. Upon the request of any Party, the other Party shall promptly execute, <br />with acknowledgment or affidavit if reasonably required, and file or record such required <br />instruments and writings and take any actions as may be reasonably necessary under the terms of <br />this Development Agreement to carry out the intent and to fulfill the provisions of this <br />Development Agreement or to evidence or consummate the transactions contemplated by this <br />Development Agreement. <br />6.2. Regulation by Other Public Agencies, <br />Other public agencies not within the control of City may possess authority to regulate <br />aspects of the development of the Property separately from or jointly with City, and this <br />Development Agreement does not limit the authority of such other public agencies. <br />Nevertheless, City shall be bound by, and shall abide by, its covenants and obligations under this <br />Development Agreement in all respects when dealing with any such agency regarding the <br />17 <br />
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