Notice and Cure Rights. Notwithstanding anything in Administrative Code Chapter 56, if the Planning Commission makes a finding of non-compliance, or if the Board of Supervisors overrules a Planning Commission finding of compliance, then before any proceedings may be undertaken to modify or terminate this Agreement under Administrative Code Section 56.17(f) or 56.18 as those sections are in effect as of the Effective Date, attached hereto as Exhibit F, the Planning Commission or the Board of Supervisors, as applicable, shall first specify to Developer the respects in which Developer has failed to comply, and shall also specify a reasonable time for Developer to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary for Developer to adequately bring its performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Commission or Board of Supervisors are not perfected within such reasonable time limits herein prescribed, then the Planning Commission or the Board of Supervisors may then by noticed hearing, terminate, modify or take such other actions as may be specified in Administrative Code Chapter 56 as that Section is in effect as of the Effective Date.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Notice and Cure Rights. Notwithstanding anything in Administrative Code Chapter 56, if the Planning Commission makes a finding of non-compliance, or if the Board of Supervisors overrules a Planning Commission finding of compliance, then before any proceedings may be undertaken to modify or terminate this the Agreement under Administrative Code Section 56.17(f) or 56.18 as those sections are in effect as of the Effective Date, attached hereto as Exhibit F, the Planning Commission or the Board of Supervisors, as applicable, shall first specify to Developer the respects in which Developer has failed to comply, and shall also specify a reasonable time for Developer to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary for Developer to adequately bring its performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Commission or Board of Supervisors are not perfected within such reasonable time limits herein prescribed, then the Planning Commission or the Board of Supervisors may then by noticed hearing, terminate, modify or take such other actions as may be specified in Administrative Code Chapter 56 as that Section is in effect as of the Effective Date.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement