Laserfiche WebLink
noticing Party is not so authorized to terminate, the non-noticing Party shall have all rights and <br /> remedies provided herein or under applicable laws and regulations, including, without limitation, <br /> the right to specific performance of the defaulting Party's obligations under this Agreement. Once <br /> a Party alleging default has given a written notice of termination, legal proceedings may be <br /> instituted to obtain a declaratory judgment determining the respective termination rights and <br /> obligations under this Agreement. Notwithstanding the foregoing, any such default and related <br /> termination shall only extend to the defaulting Party's rights and obligations hereunder and shall <br /> not affect the rights and obligations of any other Transferee who has acquired other portion(s) of <br /> the Project Site in accordance with Section 7.8 above. <br /> c. Termination by Mutual Consent. This Agreement may be terminated by mutual <br /> consent of the Parties in the manner provided in the Development Agreement Statute and in <br /> City's Development Agreement Procedures. <br /> d. Termination for Ultimate Individual Lots. This Agreement shall automatically <br /> terminate with respect to any for sale individual residential lot and such lot shall be released and <br /> shall no longer be subject to this Agreement, without the execution or recordation of any further <br /> document, upon the issuance of a certificate of occupancy for the building(s) on each said lot. <br /> e. Documentation of Termination. While the Parties intend the foregoing termination to <br /> be automatic and self-executing upon the relevant trigger(s), City agrees to promptly execute <br /> and deliver such documents and instruments in recordable form as Developer may reasonably <br /> request in order to evidence the termination of this Development Agreement. Thereafter, <br /> Developer may cause a notice of such termination to be duly recorded in the official records of <br /> Alameda County. <br /> Section 7.11 Notices. Any notice or communication required hereunder <br /> between City and Developer must be in writing, and may be given either personally, by email, <br /> by registered or certified mail (return receipt requested), or by FedEx or other similar courier <br /> promising overnight delivery to the respective addresses specified by each Party. Any Party <br /> hereto may at any time, by giving ten (10) days written notice to the other Party hereto, <br /> designate any other address in substitution of the address to which such notice or <br /> communication shall be given. Such notices or communications shall be given to the Parties at <br /> their addresses set forth below: <br /> If to City, to: City of Pleasanton <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: City Manager <br /> Telephone: (925) 931-5002 <br /> E-mail: <br /> With Copies to: City of Pleasanton <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> Attn: Dan Sodergren, City Attorney <br /> Telephone: (925) 931-5015 <br /> Email: dsodergren@cityofpleasanton.gov <br /> If to Developer, to: 330 Land Company, LLC <br /> 23 <br />