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58-93
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58-93
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4/21/2015 10:34:52 AM
Creation date
4/21/2015 10:15:54 AM
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Resolutions
Number
58-93
Date
1993-09-01
Description
Approving and Authorizing Execution of Agreement Between the Town of Los Altos Hills and the Eshner Family Unitrust
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• • • • <br /> Finance Officer to pay the costs set out in Sections 1 and 2 <br /> above ("Deposit") . Whenever the Deposit is reduced to $ 2,300 , <br /> the Town Clerk shall notify Developer and Developer shall <br /> increase the Deposit to a .total of $ 5,750 within seven (7) <br /> days of the Town Clerk's notice. The Town shall have the right <br /> to cease processing Developer's applications for the Project any <br /> time the Deposit is less than $ 2,300 <br /> Section 4. Accounting. <br /> Each month the Town shall send to Developer an accounting of <br /> the costs charged Developer by Town for the previous month. <br /> Developer shall be permitted to examine Town' s records relating <br /> to costs for the Project during the Town' s normal business hours. <br /> Section 5. Withdrawal. <br /> Developer has the right at any time to withdraw any or all <br /> applications relating to the Project, and the Town shall, upon <br /> receipt of notice from Developers, cease all work on processing <br /> the application(s) which Developer withdraws. In the event of <br /> such 'a withdrawal, Developer shall pay Town for all costs <br /> expended by Town under this Agreement through the date of <br /> withdrawal. If Developer withdraws all applications relating to <br /> the Project any money deposited to Town by Developer which is not <br /> due to Town for services performed under this Agreement through <br /> the date of Town's receipt of the notice of withdrawal shall be <br /> returned to Developer within thirty (30) days of the receipt of <br /> the notice of withdrawal. <br /> Section 6. No Control. <br /> Town has complete control over the management and processing <br /> of the SEIR and Project, and Town is in no way bound to prepare, <br /> process or administer the SEIR or Project in any particular <br /> manner or to come to any particular decision regarding any aspect <br /> of the SEIR or Project. Developer shall have no control over the <br /> amount of income or flow of income paid to Town staff and Town <br /> consultants who will be preparing, processing and :administering <br /> the SEIR and the Project. No payments paid by Developer- to Town <br /> shall be returned or waived because of any recommendation or <br /> decision regarding the SEIR or Project by the Town Council or any <br /> Town staff or Town consultant. Developer shall have no control <br /> over the hiring, firing or conditions of employment of any Town <br /> staff or Town consultant- who will be preparing, processing or <br /> evaluating the SEIR and the Project. <br /> Section 7. Legal Adequacy. <br /> As real party in interest in any lawsuit attacking the SEIR, <br /> the Project or any aspect of the Project, Developer agrees to <br /> bear the sole financial responsibility for defending itself and <br /> the Town in any such lawsuit. Developer further agrees to <br /> Page 2 <br />
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