Default.

San José Municipal Code § 18.02.260

in effect

18.02.260 - Default. A. 1. Failure or unreasonable delay by the developer to perform any term or provision of the development agreement shall constitute a default. Except in cases where the developer's breach of this agreement presents a threat of imminent harm to the public, the city manager shall give the developer not less than thirty days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. 2. After notice and expiration of the thirty-day period, the city, at its option, may institute legal proceedings for specific performance or other injunctive or declaratory relief to enforce the agreement. 3. As an alternative to this default procedure, the city may hold a compliance review pursuant to Part 3 of this chapter. B. In the event city does not accept application for, review, approve or issue necessary development permits or entitlements for use to a developer, as required by and in accordance with the terms of a development agreement or the city otherwise defaults under the terms of the development agreement as to such developer, such developer shall not be obligated to proceed with or complete the improvements required under the development agreement, or any phase thereof, nor shall resulting delays in such developer's performance constitute grounds for termination or cancellation of the development agreement. In addition, such developer may, at developer's option, institute legal proceedings for specific performance or other injunctive or declaratory relief to enforce the agreement. C. Nothing herein shall limit any legal right under a cooperative agreement underlying an assessment district or similar agreement entered into between the city and the developer for the project. (Ord. 28986.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT18LOPL_CH18.02REDEAG_PT2HE_18.02.260DEFetched: 11/1/2026