Laserfiche WebLink
Compliance Letter and determine whether for the year under review Partners have demonstrated <br />good faith in substantial compliance with the terms of this Agreement. If the Board of <br />Supervisors and/or City Council finds and determines that Partners have acted in good faith to <br />comply substantially with the terms of this Agreement, or does not determine otherwise within <br />sixty (60) days after delivery of the Compliance Letter, the annual review shall be deemed <br />concluded and this Agreement shall remain in full force and effect. If the Partners are <br />determined to be in good faith compliance with the terms of this Agreement, or if no <br />determination otherwise is made, the County and/or City shall furnish Partners, upon Partners' <br />request, a Certification of Compliance in recordable form. <br /> <br /> If the Board of Supervisors and/or City Council finds and determines on the basis <br />of substantial evidence that Parmen have not complied substantially in good faith with the terms <br />of this Agreement for the year under review, the Board of Supervisors and/or City Council shall <br />give written notice thereof of Partners specifying the noncompliance pursuant to Section 12.1. <br />If Parmen fail to cure the noncompliance within a reasonable period of time, the Board of <br />Supervisors and/or City Council in its discretion may modify this Agreement to the extent <br />necessary to remedy or mitigate the noncompliance, or may terminate this Agreement pursuant <br />of Government Code Section 65865. I. <br /> <br /> 11.4 Comvliance with Miti~,ation Monitorin$, Program. Exhibit "E" to PD 1837 <br /> establishes and requiP,.s dompliance with a Mitigation Monitoring and Reporting Pwgram <br /> established in accordance with California Public Resources Code Section 21081.6. Parmen shall <br /> comply with the Provisions of Reclassification (Exhibit "D" to PD 1837 and PD 1949) identified <br /> in the Provisions of Reclassification by use of an asterisk as being imposed on the Project in <br /> order to mitigate or avoid adverse effects on the environment. Such identified pwvisions <br /> constitute the Mitigation Program. Partners shall include in each annual Compliance Letter a <br /> description and/or evidence of its compliance during the year under review with the Provisions <br /> of Reclassification included in the Mitigation Monitoring and Reporting Pwgram. <br /> <br /> 12. Defaults and Remedies. <br /> <br /> 12.1 D_lf. ad~- Failure by any party to perform any term or provision of this <br /> Agreement shall constitute a default hereunder; provided, that the party alleging the default shall <br /> have given the other party advanced written notice thereof and sixty (60) days within which to <br /> cure such failure, or if the nature thereof is such that it cannot be cured within that time, the <br /> party receiving notice shall not be in default hereunder if the party commences to perform its <br /> obligaUons hemunder within said sixty (60) day period and thereafter diligently completes <br /> performance. Written notice hereunder shall specify in detail the nature of the obligation to be <br /> performed by the party receiving notice. <br /> <br /> 12.2 Remedies. In the event of a default hereunder by any party, any other <br /> party, at its option, may institute legal proceedings to specifically enforce this Agreement or <br /> terminate this Agreement upon written notice to the other paxties in addition to any other remedy <br /> <br /> 3~!!/93: ru~tlull.~leveipm_S.agm 11 <br /> <br /> <br />