|
PLANNING COMMISSION DRAFT
<br />with the terms of Section 5.1 hereof and shall be binding upon Developer and all persons having
<br />any right, title or interest in the Property, or any part thereof, their heirs, and successive owners
<br />and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced
<br />by City and its successors and assigns. The covenants established in this Agreement shall, without
<br />regard to technical classification and designation, be binding for the benefit and in favor of City
<br />and its successors and assigns, and the parties hereto expressly agree that this Agreement and the
<br />covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and
<br />provisions of this Agreement and of the covenants running with the land, for and in its own right
<br />and for the purposes of protecting the interests of the community and other parties, public or
<br />private, in whose favor and for whose benefit this Agreement and the covenants running with the
<br />land have been provided. Developer hereby declares its understanding and intent that the burden
<br />of the covenants set forth herein touch and concern the land and that the Developer's interest in the
<br />Property is rendered less valuable thereby. Developer hereby further declares its understanding
<br />and intent that the agreement provides a public benefit in furtherance of benefit of such covenants
<br />touch and concern the land by enhancing and increasing the enjoyment and use of the Property by
<br />the citizens of City and by furthering the health, safety, and welfare of the residents of City.
<br />MISCELLANEOUS
<br />8.1 Entire Agreement. This Agreement and all of its exhibits and attachments set
<br />forth and contain the entire understanding and agreement of the parties with respect to the density
<br />bonus of the Project, and there are no oral or written representations, understandings or ancillary
<br />covenants, undertakings or agreements which are not contained or expressly referred to herein.
<br />No testimony or evidence of any such representations, understandings or covenants shall be
<br />admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
<br />of this Agreement.
<br />8.2 Amendment. Any alteration, change or modification of or to this Agreement, in
<br />order to become effective, shall be made in writing and in each instance approved by the City
<br />Council, or through the City Manager as detailed herein, and signed on behalf of each party. The
<br />City Manager shall have the authority to make approvals, issue interpretations, execute documents,
<br />waive provisions, and/or enter into amendments of this Agreement on behalf of City that further
<br />the intent of this Agreement. Any requested alteration, change or modification of the Agreement
<br />by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for
<br />the City's review of the request. Each alteration, change, or modification to this Agreement shall
<br />be recorded against the Property in the Official Records of Orange County, California.
<br />8.3 Notices.
<br />8.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited
<br />to, the communication of notice, request, demand, approval, statement, report, acceptance,
<br />consent, waiver, appointment or other communication required or permitted hereunder. All notices
<br />shall be in writing and shall be considered given either: (i) when delivered in person to the
<br />recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in
<br />the United States mail in a sealed envelope as either registered or certified mail with return receipt
<br />requested, and postage and postal charges prepaid, and addressed to the recipient named below; or
<br />(iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and
<br />Page 21
<br />55394.00101 \43724951.1
<br />
|