Agmt22 City_ County Land Swap - Laserfiche WebLink

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anniversary of the Effective Date based on the increase in the ENR Index. County acknowledges that the Fee Cap is based on City's estimate of potential Impact Fees for a navigation center containing up to 275 beds, and County agrees that if it proposes to use the Property for a facility containing more than 275 shelter beds, the Fee Cap shall not apply and County shall pay when due the increased Impact Fees applicable to such larger navigation center use. 23. Intentionally omitted. 24. Notice of Default; Opportunity to Cure. If City believes County is in default of any of its obligations under this Agreement, City shall provide written notice of default to County, and County shall have 30 days within which to correct, remedy or cure the default. If the written notification states that the problem is urgent and relates to the public health and safety, then County shall have 72 hours to correct, remedy or cure the default. If County does not take measures to cure the default within the applicable timeframe, City may pursue the remedies set forth in Section 25 below. 25. Remedies. 25.1 City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any. 25.2 City may recover actual damages equal to the sum total of any fees, financial contributions or other amounts payable by County. 25.3 No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder. 25.4 The rights and remedies of City are cumulative, and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. 26. Intentionally omitted. 27. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To the County: Don Grady Real Property Manager San Mateo County 555 County Center, 4th Floor Redwood City, CA 94063 With a copy to: Justin W. Mates Deputy County Manager San Mateo County 400 County Center, First Floor Redwood City, CA 94063 REV: 01-21-2022 SK ATTY/AGR.2022.010.1/City- County Land swap (Page 6 of 14)