PC-92-80 - Laserfiche WebLink

9.7 EstoDDel Certificate. Either party at any time, and from time to time, may deliver written notice to the other party requestinq that party to certify in writinq that, to the knowledge of the certifyinq party, (i) this Agreement is in full force and effect and a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, to identify the amendments; and (iii) the requesting party is not in default in the performance of its obligations under this Agreement or, if in default, to describe the nature and amount of any default. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days following the receipt thereof. The City Planning Director shall have the right to execute any certificate requested by Developer hereunder. city acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of the Property. 10. TRANSFERS AND ASSIGNMENTS. Assianabilitv. The right to develop the Property pursuant to this Agreement and the obligations to comply with the conditions Of POD shall run with the Property. 11. AMENDMENT AND TERMINATION. 11.1 Amendment or cancellation. Except as provided in Article 8 of this Agreement with respect to city's annual review thereunder, this Agreement may be canceled, modified or amended only by mutual consent of the parties in writing, and then only in the manner provided for in Government CodeS 65868. Any amendment to this Agreement which does not relate to the Term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Property, shall require the giving of notice pursuant to Government Code S 65867 as specified by Government Code S 65868 thereof, but shall not require a public hearing before the parties may make the amendment. 11.2 Recordation of Amendment. Any amendment or cancellation of this Agreement effected by the parties hereunder shall be recorded by the city Clerk, as specified in Section 2.3 of this Agreement, not later than ten (10) days after the effective date of the action effecting the amendment or cancellation, which amendment or cancellation shall describe the property subject thereto. 11.3~. City and Developer may, by mutual agreement, amend or modify POD, including the Conditions of Approval, without seeking an amendment to this Agreement. This Agreement - 13 - " .