Agmt90 DDA Sequoia Station - Laserfiche WebLink

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"F. The total cost of toxic waste cleanup of the Project Site exceeds or is reasonably forecast, in the Developer's good faith judgment, to exceed $1,309,599; or" (r) Section 1008. Section 1008 of the DDA is hereby amended to delete Sections 1008E and 1008H and to insert the following in their place: "E. The Developer fails or -refuses to take title to or possession of the Acquisition Parcels after tender of conveyance or delivery of possession by the Agency within the time established therefor in the Schedule of Performance, except as may be permitted by Section 304 or Section 308; or" "H. The Agency is unable to acquire title to or possession of the Acquisition Parcels as contemplated by this Agreement (but excluding any Acquisition Parcels which are not immediately acquired pursuant to Section 304) to permit conveyance of title or delivery of possession within the time set forth in the Schedule of Performance, or within such time as extended pursuant to Section 308; or" (s) Section 1009. Section 1009 of the DDA is hereby amended to delete the first paragraph thereof and to substitute the following in its place: "In the event of the termination of this Agreement under Section 1007 or Section 1008, the respective rights and duties of the Agency and the Developer shall be as follows, provided that in no event shall Developer ever be obligated to accept title to or possession of any Contaminated Parcel which has not been determined to have been remediated or cleaned up by Developer's consultants and the federal, state, or local governmental agencies with jurisdiction over such matters for the Project." (t) Attachment No. 4 - Schedule of Performance. Attachment No. 4 to the DDA is hereby deleted in its entirety and replaced with a new Schedule of Performance as set forth in Exhibit A to this Amendment. (u) Contaminated Parcel Conditions. Exhibit B attached hereto is hereby added to the DDA as Attachment No. 10. 3. Enhancement Project. The Agency and the Developer agree that the obligations of the Developer as set forth in Section 801 are now intended to include the duty to pay the costs of the Enhancement Project to be constructed on property presently owned by the City located at Main Street and Bradford Street along Redwood Creek, provided that the 11 6407L