AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

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Bayfront, Landings, and Real Social Good are jointly and severally responsible for all obligations of Owner under this Agreement; and a failure by any one of them to comply in good faith with any obligations of Owner under this Agreement shall constitute a Default of Owner. 9.2 Non -Compliance. If the Planning Commission (if its finding is not appealed) or City Council finds that Owner has not complied in good faith with the terms and conditions of this Agreement, the City shall provide written notice to Owner describing: (a) such failure and that such failure constitutes a Default; (b) the actions, if any, required by Owner to cure such Default; and (c) the time period within which such Default must be cured. If the Default can be cured, Owner shall have a minimum of thirty (30) days after the date of such notice to cure such Default, or in the event that such Default cannot be cured within such thirty (30) day period, if Owner shall commence within such thirty (30) day time period the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessary to cure such Default, Owner shall have such additional time period as may be required by Owner within which to cure such Default. 9.3 Failure to Cure Default. If Owner fails to cure a Default within the time periods set forth above, the City Council may amend or terminate this Agreement as provided below. 9.4 Proceeding Upon Amendment or Termination. If, upon a finding under Section 9.2 of this Agreement and the expiration of the cure period specified in such Section 9.2 without the Owner having cured a Default, the City determines to proceed with amendment or termination of this Agreement, the City shall give written notice to Owner of its intention so to do. The notice shall be given at least thirty (30) days before the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement that the City proposes to terminate or to amend this Agreement; and (c) Such other information as is reasonably necessary to inform Owner of the nature of the proceeding. 9.5 Hearings on Amendment or Termination. At the time and place set for the hearing on amendment or termination, Owner shall be given an opportunity to be heard, and Owner shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, with Owner's agreement to amend rather than terminate, amend this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. Bayfront, Landings, and Real Social Good are jointly and severally responsible for all obligations of Owner under this Agreement; and a failure by any one of them to comply substantially and in good 13 1677A05V1960134.8 11171201? PAGE 273