ORD 1794 - Laserfiche WebLink

16. Amendment or Cancellation. Except as otherwise provided for herein, this Development Agreement may be amended or canceled in whole or in part only by mutual consent of the parties, or their successors interest, and in the manner as provided in Government Code section 65868. 17. EnfOrCement. Unless amended or canceled as provided in the forgoing section, this Development Agreement shall continue to be enforceable by any party to it, notwithstanding any change or other regulations adopted by the City that alter or amend the rules, regulations, or policies applicable to the Development. 18. Notices. Any notice or instrument required to be given or delivered to either party to this Development Agreement may be given or delivered by depositing the same in the United States mail, certified mail, postage prepaid, addressed to: City: City of Pleasanton Attn: City Manager 123 Main Street P. O. Box 520 Pleasanton, CA 94566 FAX: (925) 484-8234 Developer: T.T.K. Partnership Attn: Shinnan Kiang, Managing Partner 4138 Remillard Court Pleasanton, CA 94566 With copies to: James B. Hoge 739 Main Street, Suite C Pleasanton, CA 94566 FAX: (925) 484-6409 19. Default and Remedies. (a) Developer's Default. Developer shall be in default under this Agreement upon the happening of one or more of the following events or conditions: (i) If a material warranty, representation, or statement made or furnished by Developer to City is false or proves to have been false in any material respect when it was made; (ii) A finding and determination by the City Council made following a periodic review under Section 13 that upon the basis of substantial evidence, Developer has not complied in good faith with a material requirement of this Development Agreement; or