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Inst 2011 Agmt Wm Mathews Inc
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Inst 2011 Agmt Wm Mathews Inc
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Last modified
12/13/2011 9:18:06 AM
Creation date
12/13/2011 9:17:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Recorded Document Type
Development Agreement
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PERM
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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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