Laserfiche WebLink
asserted by any Party as a breach of this First Amended and Restated <br />Development Agreement by Owner or City. <br />7. DEFAULT. <br />7.1 Events of Default. Owner is in default under this First Amended and <br />Restated Development Agreement upon the happening of one or more of <br />the following events or conditions: <br />(a) If a warranty, representation, or statement made or furnished by <br />Owner to the City is false or proves to have been false in any <br />material respect when it was made; <br />(b) A finding and determination made by the City Council following a <br />periodic review under the procedure provided for in Government <br />Code Section 65865.1 that upon the basis of substantial evidence <br />the Owner has not complied in good faith with one or more of the <br />terms or conditions of this First Amended and Restated <br />Development Agreement; <br />(c) Failure to comply with Governmental Requirements; <br />(d) Any other event, condition, act, or omission which materially <br />interferes with the intent and objectives of this First Amended and <br />Restated Development Agreement. <br />7.2 Procedure upon Default. The following principles and procedures shall <br />be applied in the determination of any Default: <br />(a) Upon the occurrence of default, City shall give Owner (the <br />"defaulting party") thirty (30) days written notice specifying the <br />nature of the alleged default and, when appropriate, the manner in <br />which said default may be satisfactorily cured. After proper notice <br />and expiration of said thirty (30) day cure period without cure, City <br />may terminate or amend this First Amended and Restated <br />Development Agreement in accordance with the procedure adopted <br />by the City as to all defaults that may be cured within said thirty (30) <br />day cure period. For defaults that cannot be cured within said thirty <br />(30) day cure period, City may terminate or amend this First <br />Amended and Restated Development Agreement in accordance <br />with the procedure adopted by the City should at any time Owner <br />fail to diligently proceed in curing the default. Failure or delay in <br />giving notice of default shall not constitute a waiver of any default, <br />nor shall it change the time of default. <br />067619\5448832x5 19 <br />75A-250