Agmt98 Pacific Shores Center - Laserfiche WebLink

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(a) Pacific Shores may appeal to the City Council of City any detennination by the Planning Director of noncompliance within 30 days of the date on which the written findings required by subsection 20(b) are mailed or delivered to Pacific Shores; (b) Any determination of noncompliance by the Planning Director of City or by the City Council of City on appeal shall specify in writing the respects in which Pacific Shores has failed to comply in good faith with the terms and conditions of this Agreement; and (c) City shall give Pacific Shores a notice of default pursuant to Section 24 and the termination of this Agreement will be governed by Section 24. 21. Certificate of Compliance. If after an Annual Review based upon City's own investigation and information provided by Pacific Shores, City finds Pacific Shores has complied in good faith with this Agreement, City shall issue to Pacific Shores a Certificate of Compliance certifying that Pacific Shores has so complied through the period of the applicable Annual Review. The Certificate of Compliance must be in recordable fonn and must contain such infonnation as may be necessary to impart constructive notice of City's finding. Upon issuance of the Certificate of Compliance. City is estopped from pursuing any remedy under this Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Compliance. Pacific Shores may record the Certificate of Compliance in the Official Records of the County of San Mateo- 22. Certificate of Satisfaction. After completion of the Project, City, upon request of Pacific Shores, shall execute in recordable form and deliver to Pacific Shores a Certificate of Satisfaction, certifying that Pacific Shores has satisfied all of Pacific Shores' obligations under this Agreement to the date of the certification. Upon issuance of a Certificate of Satisfaction City is estopped from pursuing any rt:m~y wldt:r this Agn~:Cll1Cllt for any default which City knew existed prior to or on the date of the Certifj.cate of Satisfaction. Pacific Shores may record the Certificate of Satisfaction in the Official Records of the County of San Mateo. 23. Amendments. This Agreement may be amended by mutual consent of both parties in writing, confmned by ordinance of City's City Council. 24. Events of Default; Remedies; Termination; Attorneys' Fees. (a) Subject to any extensions of time by mutual consent in writing, and subject to the provisions herein regardini permitted delays and other delays, any failure by any party to perform any material term or provision of this Agreement shall constitute an event of default if: (i) The defaulting party does not cure the failure within 30 days following notice of default from the other party, where the failure can be cured within the 30 day period; or '.\DOC\".".."'AG",cm .DA6 25 ".I>oe-"" AT IS,..