Ordinance No. 19920 - Laserfiche WebLink

Home Browse Search

4.1.3 Property a~ner's breach of any term of this agreement; or 4.1.4 any action to fill in any portion of the Delta Ponds or otherwise permanently alter the shape or size of the Delta Ponds. The action of natural forces unassisted by deliberate human activity which may alter the present character of the Delta Ponds shall not constitute an action such as would meet the terms of this section. 4.2 Allow the City to discharge drainage into the Delta Ponds in a manner consistent with state and federal law. 5. Payment Due. Payment of sums due pursuant to this agreement shall be made at the time the Property owner is issued any required development permits by the City.. If no permits are required or obtained, payment is due within 34 days of written notice from the City that the City has determined, after notice to the Property Cwner and an opportunity to be heard, that one or mare of the conditions set forth in section 4.1 of this agreement has occurred. The Property owner may meet its obligation for payment by payment in full or by signing a separate agreement for installment payments.. The terms and conditions including the rate of interest of such a separate agreement shall correspond to the payment terms then available for the payment of improvement assessments at the time of execution of the separate agreement. G. Termination. The agreement shall continue in effect until such time as the City provides the Property Cwner with written confirmation that all. payments required or anticipated by this agreement have been made in full. Nv breach of a portion of this agreement, or failure by either party to fully perform the terms and condition . of this agreement shall _ constitute grounds for termination of the agreement. Further, this agreement shall terminate upon transfer of the portion of the property occupied by the Delta Ponds to the City or another public agency designated by the City. 7. Covenant Runnin with the Land. This agreement touches and concerns the land and shall run with the land. The terms and conditions of this agreement shall be binding on all successors and assigns of the Property Qwner, including any person taking title to the Property by reason of law. Property owner shall not transfer or assign any interest in the Property without providing the recipient with notice of this obligation and ensuring that the recipient of such an interest takes the interest subject to the obligations of this agreement, S.. Notices. Any notices permitted or required by this agreement shall be in writing and deemed given when personally delivered ar upon deposit in the United States mail; osta e P g fully prepaid, certified, return receipt requested, addressed to the parties at the address set forth below their signatures, or to their successors as recorded in the property records of Lane County. Either party may change its address by notice given to the other in accordance with this paragraph. Special Condition Agreement - 4 EXHIBIT 2 PRG.E 4 of G