ORD 1792 - Laserfiche WebLink

With a copy to: Miller, Starr & Regalia 1331 N. Califomia Blvd., Fifth Floor Walnut Creek, CA 94596 Attn: Karl E. Geier Facsimile: (925) 933-4126 A Party may change address by giving notice in writing to the other Parties and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon the earlier of personal deliver, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail or on the delivery date or attempted delivery date shown on the retum receipt, air bill or facsimile. 23. Duplicate Originals, Etc. This Agreement may be executed in duplicate originals, each of which is deed to be an original. This Agreement constitutes the entire understanding and agreement of the Parties and supersedes all prior negotiations and agreements among the Parties. The headings in this Agreement are for convenience only, and shall not be used as an aid in interpreting the terms hereof. The Parties shall take all other actions and execute and deliver all other documents necessary or convenient to carry out the terms hereof and to fulfill the purposes and intent of this Agreement. 24. Exhibits.. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Sycamore Valley/Happy Valley Finance Plan 25. Recordation of Development Agreement, Amendment or Cancellation. Within ten (10) days after the City approves this Agreement, the City Clerk shall submit this Agreement for recording with the County Recorder upon acquisition by Developer of the fee ownership of the Property. If the Parties or their successors-in-interest amend or cancel the Agreement or if the City terminates or modifies the Agreement for failure of the Developer to comply in good faith with the terms or conditions of the Agreement, the City Clerk shall submit for recording the notice of such action with the County Recorded. 26. Condition Subsequent. This Agreement, and the respective obligations of City and Developer under it, are expressly conditional upon voter approval of the Happy Valley annexation (Annexation No. 144) at the November 16, 1999 annexation election. If such annexation is not approved by the voters on said date, this Agreement and all obligations of City and Developer under it, including but not limited to those contained in Exhibit "B", shall lapse and be of no further force and effect. -15- 10/21/99