Agenda - City of Santa Monica

of Developer and the City or their successors and assigns in accordance with the
provisions of the SMMC and Section 65868 of the California Government Code.
ARTICLE 9
TERM
9.1 Effective Date. This Agreement shall be dated, and the obligations of the
Parties hereunder shall be effective as of the date upon which the ordinance approving
this Agreement becomes effective (the “Effective Date”). The Parties shall execute this
Agreement within ten (10) working days of the Effective Date.
9.2 Term.
9.2.1 Term of Agreement. The term of this Agreement shall commence
on the Effective Date and shall continue for ten (10) years thereafter (the “Term”), unless
the Term is otherwise terminated pursuant to Section 11.4, after the satisfaction of all
applicable public hearing and related procedural requirements or pursuant to Section 3.3.
9.2.2 Termination Certificate. Upon termination of this Agreement, the
Parties hereto shall execute an appropriate certificate of termination in recordable form (a
“Termination Certificate”), which shall be recorded in the official records of Los
Angeles County.
9.2.3 Effect of Termination. Except as expressly provided herein (e.g.,
Section 4.3.2 ), none of the parties' respective rights and obligations under this
Agreement shall survive the Term.
ARTICLE 10
PERIODIC REVIEW OF COMPLIANCE
10.1 City Review. The City shall review compliance with this Development
Agreement once each year, on or before March 31 st (each, a “Periodic Review”), in
accordance with this ARTICLE 10 in order to determine whether or not Developer is outof-compliance
with any specific term or provision of this Agreement.
10.2 Evidence of Good Faith Compliance. On or before October 1 st of each
year, Developer shall deliver to the City a written report demonstrating that Developer
has been in good faith compliance with this Agreement during the twelve (12) month
period prior to the anniversary of the Effective Date. The written report shall be provided
in the form established by the City. For purposes of this Agreement, the phrase “good
faith compliance” shall mean the following: (a) compliance by Developer with the
requirements of the Existing Regulations, except as otherwise modified by this
Agreement; and (b) compliance by Developer with the terms and conditions of this
Agreement, subject to the existence of any specified Excusable Delays (as defined in
Section 15.8 below) which prevented or delayed the timely performance by Developer of
any of its obligations under this Agreement.
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