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RES 10340
City of Pleasanton
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RES 10340
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2/25/2010 12:29:33 PM
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2/25/2010 12:28:47 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 10340
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Exhibit "D" <br />this section, which shall survive such invalidation, nullification or setting <br />aside. <br />ARTICLE 10. DEFAULT; REMEDIES; TERMINATION <br />Section 10.01. Defaults. Any failure by either party to perform any term or provision <br />of this Agreement, which failure continues uncured for a period of thirty (30) <br />days following written notice of such failure from the other party (unless such <br />period is extended by mutual written consent), shall constitute a default under <br />this Agreement. Any notice given pursuant to the preceding sentence ("Default <br />Notice") shall specify the nature of the alleged failure and, where appropriate, the <br />manner in which said failure satisfactorily may be cured. If the nature of the <br />alleged failure is such that it cannot reasonably be cured within such 30-day <br />period, then the commencement of the cure within such time period, and the <br />diligent prosecution to completion of the cure thereafter, shall be deemed to be a <br />cure within such 30-day period. Upon the occurrence of a default under this <br />Agreement, the non-defaulting party may institute legal proceedings to enforce <br />the terms of this Agreement or, in the event of a material default, terminate this <br />Agreement. If the default is cured, then no default shall exist and the noticing <br />party shall take no further action. <br />Section 10.02. Termination. If City elects to consider terminating this Agreement due <br />to a material default of Developer, then City shall give a notice of intent to <br />terminate this Agreement and the matter shall be scheduled for consideration and <br />review by the City Council at a duly noticed and conducted public hearing. <br />Developer shall have the right to offer written and oral evidence prior to or at the <br />time of said public hearings. If the City Council determines that a material <br />default has occurred and is continuing, and elects to terminate this Agreement, <br />City shall give written notice of termination of this Agreement to Developer by <br />certified mail and this Agreement shall thereby be terminated sixty (60) days <br />thereafter; provided, however, that if Developer files an action to challenge <br />City's termination of this Agreement within such sixty-day period, then this <br />Agreement shall remain in full force and effect until a trial court has affirmed <br />City's termination of this Agreement and all appeals have been exhausted (or the <br />time for requesting any and all appellate review has expired).Periodic Review. <br />(a) Conducting the Periodic Review. Throughout the Term of this Agreement, <br />at least once every twelve (12) months following the execution of this <br />Agreement, City shall review the extent of good-faith compliance by <br />Developer with the terms of this Agreement. This review (the "Periodic <br />Review") shall be conducted by the Director of Planning and Community <br />Development or his/her designee and shall be limited in scope to compliance <br />with the terms of this Agreement pursuant to California Government Code <br />Section 65865.1. <br />(b) Notice. At least ten (10) days prior to the Periodic Review, and in the <br />manner prescribed in Article 10 of this Agreement, City shall deposit in the <br />54393\84008v3 <br />
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