PC 2000-49 - Laserfiche WebLink

6.3 Plroieet Anorovals. City and Property Owner may by mutual agreement in writing, amend or modify the Project Approvals, including conditions imposed in connection with the Project Approvals, without seeking an amendment of this Agreement. 6.4 Ann~ Re~. The annual review required by California Government Code, Section,65865.1, shall be conducted as provided herein. The City and Property Owner shall have a reaso~mble opportunity to assert matters which either party believes have not been undertaken in acco~ with this Agreement, to explain the basis for such assertion, and to receive from the oth~ party a justification for the other party's position with respect to such matter. If either party concludes that the other party has not complied in good faith with the terms of this Agreement, then such party shall deliver a Notice of Breach and the party shall follow the procedure set forth in Article $ for resolving a breach. 6.5 Permitted Delays. In the event of changed conditions, changes in state or federal laws or reg~ulatious, inclement weather, delays due to strikes, inability to obtain materials, civil commotion, fire, acts of G-od, or other circumstances which substantially interfere with carrying out the Project, or any portion thereof, as the Project has been approved, or with the ability of the Property Owner to perform its obligations or to perform overall under this Agreement, the parties agree to (1) extend the time periods for performance of Proporty Owner's obligations, (2) extend the term of this Agreement and (3) bargain in good faith to modify the terms and conditions of this Agreement, to ensure that each Party hereto maintains the benefit of the bargain and to allow the Project to proceed as planned. Any extension of the time for performance of Property Owner's obligations or exteusion of the term of this Agreement shall be limited to that period of time that one ur more of the circumstances enumerated in this Section 6.5 prevent the timely performance by Property Owner of its obligations or substantially interfere with carrying out the Project, or any portion thereof, as the Project has been approved. In the event circumstances identified in this Section 6.5 arise, Property Owner shall notify the City in writing of such circumstances and the manner in which such circumstances substantially interfere with carrying out the Project or the ability of Property Owner to perform under this Agreement. 6.6 Develooment A~reement Lenislation. This Agreement has been entered into in reliance upon the provisions of the California Statutes governing development agreements (Title 7, Division 1, Chapter 4, Article 2.5, Sections 65864 et seq.) as those provisions existed at the Date of Execution. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the parties mutually agree in writing to amend the Agreement to permit such applicability. ARTICLE 7. EMINENT DOMAIN POWERS: ACTIONS OF OTHER AGENCIES 7.1 Cooneration of City. City shall cooperate with Property Owner in implementing all of the conditions of the Project Approvals, including, but not limited to, the potential exercise of its eminent domain powers in connection ~th (including, by way of example, but not 3~9375vS - 23 - 0V04/00