PC-2026-10 - Laserfiche WebLink

conditions of this Agreement, the Director shall notify Developer in writing of the City’s findings. Developer shall have ten (10) business days from the date of the City’s notice to respond to City’s evaluation of Developer’s performance. Within ten (10) business days of receipt of the Developer’s response, the Director of Community and Economic Development shall provide a written determination, based on findings, as to whether Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the Director of Community and Economic Development shall be appealable to the City Council by Developer. If the Director of Community and Economic Development finds and determines that Developer has not complied with such terms and conditions, the Director of Community and Economic Development may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code §65867 and §65868. The costs incurred by City in connection with the Periodic Review process described herein shall be the responsibility of the Developer. c. Failure to Conduct Annual Review. Failure of City to conduct an annual review shall not constitute a waiver by the City of its rights to otherwise enforce the provisions of this Agreement nor shall Developer have or assert any defense to such enforcement by reason of any such failure to conduct an annual review. Section 7.5 California Law. This Agreement shall be construed and enforced in accordance with California Law. Section 7.6 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Section 7.7 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns, representatives, and all other persons acquiring all or a portion of the Project Site, or any interest therein, whether by operation of law or in any manner whatsoever, including, without limitation, purchasers or ground lessees thereof. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, California Civil Code Section 1468. Section 7.8 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement, the Project Approvals or Subsequent Approvals to any affiliate of Developer or any third-parties acquiring an interest or estate in the Project Site or any portion thereof. Section 7.9 Exhibits. The following exhibits are attached to this Agreement and incorporated herein for all purposes: