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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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8.A. - Page 34 of 154 <br />herein, either Party hereto may pursue any one or more of its rights, options or remedies <br />hereunder or may seek damages or specific performance in the event of the other Party's breach <br />hereunder, or may pursue any other remedy at law or equity, whether or not stated in this <br />Agreement. <br />19. Notices. All notices or other communications required or permitted hereunder <br />shall be in writing, and shall be personally delivered, sent by facsimile, reputable overnight <br />courier, or sent by registered or certified mail, postage prepaid, return receipt requested, and shall <br />be deemed received upon the earlier of: (i) if personally delivered, the date of delivery to the <br />address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of <br />posting by the United States post office; or (iii) if delivered by Federal Express or other overnight <br />courier for next business day delivery, the next business day. Notice of change of address shall be <br />given by written notice in the manner described in this Section 19. Rejection or other refusal to <br />accept or the inability to deliver because of a change in address of which no notice was given <br />shall be deemed to constitute receipt of the notice, demand, request or communication sent. <br />Unless changed in accordance herewith, the addresses for notices given pursuant to this <br />Agreement shall be as follows: <br />To City: City Manager's Office <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attn: James O'Connell <br />With a copy to: City Attorney's Office <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attn: Veronica Ramirez <br />To Developer: 1548 Maple, LLC <br />c/o The Carlyle Group <br />555 Mission Street, Suite 3300 <br />San Francisco, CA 94105 <br />Attn: Michael Osborne <br />With a copy to: Cox, Castle & Nicholson LLP <br />50 California Street, Suite 3200 <br />San Francisco, CA 94111 <br />Attn: Christian H. Cebrian <br />20. Default. Failure or delay by either Party to perform any covenant, condition or <br />provision of this Agreement within the time provided herein constitutes a default under this <br />Agreement. The injured Party shall give written notice of default to the Party in default, <br />specifying the default complained of. The defaulting Party shall immediately commence to cure <br />such default and shall diligently complete such cure within ten days from the date of the notice. <br />The injured Party shall have the right to terminate this Agreement by written notice to the other <br />Party in the event of a default, which is not cured within such ten-day period. <br />21. Entire Agreement. This Agreement and its exhibits and attachments constitute the <br />entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, <br />REV: 01-21-20201 PR <br />ATf'YIAGR.2021.01ill 548 Maple LLC (Page 12 of 25) 246 <br />
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