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Agmt90 DDA Sequoia Station
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Agmt90 DDA Sequoia Station
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Last modified
10/19/2017 12:13:32 PM
Creation date
9/13/2017 4:36:22 PM
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Template:
Agreement
Contractor Name
Sequoia Station Developers, Inc
PROJECT NAME
Sequoia Station
RMP File Number
405
Date
4/10/1990
Amendment
Yes
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JAH:djm 03/06/90R (REDEV) <br />JAH:djm 03/19/90R <br />JAH:djm 04/04/90R <br />304, the Developer may request the return of its Good Faith <br />Deposit and upon such request, the Agency shall promptly return <br />the Good Faith Deposit to the Developer, together with all <br />accrued interest, if any, thereon; provided that, if the Letter <br />of Credit (or Cash Deposit) has not been delivered to the Agency <br />on or before the date set forth in the Schedule of Performance, <br />the Agency may continue to hold and proceed to charge Acquisition <br />Costs against the Good Faith Deposit. <br />§902 Notices, Demands and Communications Between the <br />Parties <br />Written notices, demands and communications between the <br />Agency and the Developer shall be sufficiently given when <br />delivered by hand or two business days following dispatch by <br />registered or certified mail, postage prepaid, return receipt <br />requested, to the principal offices of the Agency and the <br />Developer as set forth in Sections 107 and 108 hereof, <br />respectively. In addition, a courtesy copy of any notice to the <br />Developer shall also be delivered to The Law Offices of <br />Phillip E. Handin, 400 Montgomery Street, Suite 710, San <br />Francisco, CA 94104. Such written notices, demands and <br />communications may be sent in the same manner to such other <br />addresses as either party may from time -to -time designate by mail <br />as provided in this section. <br />§903 Agreement Not Induced by Developer Payment <br />The Developer warrants that it has not paid or given, and <br />will not pay or give, any money or other consideration to induce <br />the Agency to enter this Agreement. <br />§904 Enforced Delay; Extension of Times of Performance <br />In addition to specific provisions of this Agreement, <br />performance by either party hereunder shall not be deemed to be <br />in Default, and all performance and other dates specified in this <br />Agreement shall be extended, where delays or Defaults are due to: <br />war; insurrection; strikes; lockouts; riots; floods; earthquakes; <br />fires; casualties; acts of God; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of <br />transportation; governmental restrictions or priority; <br />litigation, including delays beyond the reasonable control of the <br />Agency in concluding eminent domain proceedings or related legal <br />proceedings instituted by the Agency to acquire and vacate the <br />Acquisition Parcels; unusually severe weather; inability to <br />secure necessary labor, materials or tools; delays of any <br />subcontractor, contractor or supplier; acts or omissions of the <br />other party; acts or the failure to act of the City or any other <br />public or governmental agency or entity (except that the acts or <br />failure to act of the Agency shall not excuse performance by the <br />Agency); or any other causes beyond the control or without the <br />fault of the party claiming an extension of time to perform. <br />Notwithstanding anything to the contrary in this Agreement, an <br />34 <br />
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