CITY COUNCIL REGULAR MEETING AGENDA PACKET 9-1-26

22 f. Upon City approval of an Assignment to a Transferee, City, upon request by Developer, Developer (or its successor), Transferee and City shall each execute, and cause the recordation in the Official Records of the County of, a "Memorandum of Assignment" (in a form substantially similar to the Memorandum of Assignment set forth in Exhibit I to this Agreement). Section 7.9 Exhibits. The following exhibits are attached to this Agreement and incorporated herein for all purposes: DA EXHIBIT A-1 Legal Description of Project Site DA EXHIBIT A-2 Diagram of Project Site DA EXHIBIT B Form of Regulatory Affordable Housing Agreement DA EXHIBIT C Scope of and Fee Credits for Transportation Improvements DA EXHIBIT D Scope of Maintenance CFD DA EXHIBIT E Off-Site Water Improvements DA EXHIBIT F Off-Site Sewer Improvements DA EXHIBIT G Resolution No. ___ Showing City Impact Fees DA EXHIBIT H Estimate of City Impact Fees and Other City Fees DA EXHIBIT I Form of Memorandum of Assignment Section 7.10 Termination. a. Termination Upon Completion of Project or Expiration of Term. Except for the provisions of this Agreement that survive termination as provided in Section 1.3 above, this Agreement shall terminate upon the earlier of the expiration of the Term or when the Project on the Project Site has been fully developed in accordance with the Project Approvals and Subsequent Approvals, as evidenced by (a) the issuance of the last Certificate of Occupancy necessary for Project buildout, and (b) written documentation approved by both Parties that confirms Parties’ respective obligations in connection therewith and with this Agreement have been fully satisfied. b. Termination Due to Default. After notice and expiration of the cure period as specified in Section 7.3 above, if the default has not been cured or it is not being diligently cured in the manner set forth above, the noticing Party may, at its option, give notice of its intent to terminate this Agreement pursuant to the Development Agreement Statute (“Notice of Intent to Terminate”). Within thirty (30) days of receipt of a Notice of Intent to Terminate, the matter shall be scheduled for consideration and review in the manner set forth in the Development Agreement Statute. Following consideration of the evidence presented in said review, the Party alleging the default may give written notice of termination of this Agreement. If a Party elects to terminate as provided herein, upon sixty (60) days’ written notice of termination, this Agreement shall be terminated as it relates to the defaulting Party’s rights and obligations hereunder. Notwithstanding the foregoing, a written notice of termination given under this Section 7.10(b) is effective to terminate the obligations of the noticing Party only if a default has occurred. If the Page 179 of 344