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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 16. EFFECTIVE DATE AND TERM OF AGREEMENT <br /> <br /> This Agreement shall take effect from and after the date of adoption and approval by the <br /> City and the Agency pursuant to. official action of the governing bodies thereof and shall be <br /> effective until completion and acceptance of the Nexus Improvements and Publicly-Owned <br /> Improvements, If Geneva Commons is approved by the City and Nexus is not, then Geneva <br /> Commons shall takeover Nexus' obligations to construct a portion of the Noxus Improvements <br /> under this Agreement, but shall be required to (i) meet and confer with the Agency and Sandpointe, <br /> and using the order of the Nexus Improvements specified in Exhibit A as a guide, designate which <br /> of the Nexus Improvements shall be constructed using Geneva Commons twenty-five percent <br /> (25%) share of the estimated cost of the total Nexus Improvements, and (ii) the parties agree and <br /> acknowledge that all references horein to Nexus shall be deemed to be references to Geneva <br /> Commons, If Nexus is approved and Geneva Commons is not, then Nexus, the Agency and <br /> Sandpointe shall meat and confer in good faith, and using the order of the Nexus Improvements <br /> specified in Exhibit A as a guide, designate which of the Nexus Improvements shall be constructed <br /> using Nexus seventy-Rve percent (75%) share of the estimated cost of the total Nexus <br /> Improvements, <br /> 17. COMMENCEMENT DATE <br /> For purposes of this Agreement the terns "Commencement Date" shall refer to the period <br /> after issuance of City entitlements and shall be deemed to be a date ninety (90) days after the <br /> issuance of entitlements to Noxus and Geneva Commons (whichever canes later). The <br /> Commencement Date shall be tolled should a valid referendum petition be presented challenging <br /> either project, or timely litigation be filed and served challenging any of the entitlements, including <br /> approval pursuant to the California Environmental Quality Act. <br /> 18, INTEGRATION <br /> This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, <br /> and supersedes all negotiations or previous agreement between the parties with respect to all or <br /> any the matters addressed herein. All waivers of the provisions of this Agreement must be in <br /> writing and signed by the appropriate authorities of the parties, and all amendments hereto must <br /> be in writing and signed by the appropriate authorities of the parties, <br /> 19, ASSIGNMENT <br /> <br /> Nexus and Geneva Commons shall have the right to transfer or assign this Agreement, in <br /> whole, to arty person, entity (public or private), partnership, joint venture, firm or corporation <br /> who is the owner of the real property referenced in the Recital hereto at any time during the term <br /> of this Agreement; provided, however, the rights of Nexus or Geneva Commons under this <br /> Agreement may not be transferred or assigned unless the written consent of the City Council is <br /> first obtained and any transfer or assignment of the rights under this Agreement shall include in <br /> <br /> .EXHIBIT D <br /> Ordinance No. NS-2680 i t <br /> Page AQ of 61 <br /> <br /> <br /> <br /> 75A-101 <br />