Agmt98 Kaufman & Broad - Laserfiche WebLink

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Improvements, the restriping and widening of East Bayshore Road, and/or other traffic mitigation improvements in the vicinity of the Project within ten (10) years of the Effective Date of this Agreement. All funds received from Owner may, at City's discretion, be deposited to City's general funds. Owner understands and agrees that the construction of the improvements above referred is, at City's discretion, subject to City's receipt of matching funds from the local, state, and/or federal government, or the receipt of sufficient funds from other property owners (as determined by City) and the receipt of all necessary permits to proceed with the construction of the improvements in the manner designated by City. In the event that City determines, in its sole discretion, that City does not have sufficient funds and/or permit approvals to undertake and complete the above referenced improvements, the Traffic Mitigation Fee may be used for a purpose other than the construction of the Emergency Access and the work of improvement on the Extension, and City may use the Traffic Mitigation Fee toward regional traffic improvements. SECTION 4. NOTICES. Section 4.01 Notices. All notices, requests, demands, and other communications between City or Owner under this Agreement must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated below as the party Agmt-165 f/sh/sh/RC/Council FXS:rg 07/01/98; 07/17I98R107/22/98 10