Agmt11 Redevelopment Agency of the City of Redwood City-Public Improvements Reimbursement Agmt

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ATTACHMENT 3 cumulative and shall not limit the non - defaulting party's rights under any other provision of this Agreement, or otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of the Agreement or hereinafter enacted or established, that may be available to the non - defaulting party against the defaulting party. All notices of defaults shall clearly indicate a notice of default under this Agreement. 6. MODIFICATION OF PROJECTS 6.1 The City and Agency may modify the list of Projects and time schedules set forth in Exhibit 1 from time to time to provide for the use of additional federal, state and local funds; to account for unexpected changes in available revenues; to modify or delete a particular project; to modify the cost estimate for individual projects; to maintain consistency with the City's General Plan or the Redevelopment Plan; or to take into consideration unforeseen circumstances including circumstances that may come to light as a result of subsequent CEQA review. Any such modifications shall be in writing and subject to approval by the City Council and Agency Board. 7. TERMINATION OF AGREEMENT 7.1 This Agreement and the obligations of the City and Agency hereunder shall terminate upon the earlier of completion of the Projects by the City and Agency's reimbursement of City's costs incurred in connection therewith or December 31, 2027. 8. MISCELLANEOUS 8.1 This Agreement may be executed in multiple originals, each of which is deemed to be an original. 8.2 This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 8.3 This Agreement is intended solely for the benefit of the City and the Agency. Notwithstanding any reference in this Agreement to persons or entities other than the City and the Agency, there shall be no third party beneficiaries under this Agreement. 8.4 All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representatives of the parties. 8.5 If any term, provisions, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect. 5 ATTY /AGR/2011.022/ RWC PUBLIC IMPROVEMENTS REUMBURSEMENT AGREEMENT 030711 REVISED