PC 2000-49 - Laserfiche WebLink

limited to, exercise of eminent domain in connection with the Bernal Avenue improvements, the improvements traversing the Union Pacific Railroad right-of-way and the B-line drainage improvements), provided that the City, in its:independent exercise of judgment following ail applicable procedures, has made the requisite findings properly supported by evidence that the use of ~h power is reasonably necessary. In addition, City shail cooperate with Property Owner in its endeavors to obtain any other permits and approvals as may be required from other govenm~ental er quasi-governmental agencies having jurisdiction over the Project (such as the U.S. Army Corps of Engineers, the Caiifornia Depaxtment of Fish & Game ("CDFG"), the Regional Water Quality Control Board ("RWQCB"), Zone 7, CaiTrans, or other public utilities or utility districts) and shall, from time to time, at the request of Property Owner, attempt with due diligence and in good faith to enter into binding agreements with any such entity in order to assure the availability of such permits and approvals or services, at each stage of the development of the Project. 7.2 Protect Modifications Due to Actions of Other Aeencies. In the event Property Owner (a) is ~quired to modify the Project, or any portion thereof, dus~ag review, or as a result of action taken (including conditions of permit approvai) or determinations made, by other regulatory agencies having permitting jurisdiction over the Property, including but not limited to the U. S. Army Corps of Engineers, the CDFG and the RWQCB (collectively "Other Regulatory Agencies"), or Co) is required to reconfig~re or otherwise modify the development proposed on the Property due to taking of any portion of the Project by agencies with eminent domain powers, including but not limited to Zone 7, or (c) determines, after consultation with and agreement by the City, that modification of the Project is necessary in order to secure required approvals fxom Other Regulatory Agencies, the Parties agree to cooperate in good faith to amend or modify the Project Approvais and this Agreement, if amendment or modification is deemed by the City and agreed by Property Owner to be required, to ensure that each Party hereto maintains the benefit of the bargain notwithstanding such amendment or modification. Any such amendment or modification shail be limited to an amendment or modification necessary to effectuate the requirements or determinations of the Other Regulatory Agency, or any element thereof, or to address concerns raised by Other Regulatory Agencies which Property Owner and City agree may result in deniai of Property Owner's permit application(s). In such event, any time periods imposed under the Project Approvais for completion of an act, which is delayed or precluded as a result of such other agency's requirements or determinations, or as otherwise agreed to be necessary by Property Owner and City, shail be extended for such period of time for the amenchnem or modification to be processed. City agrees to promptly process and take action on any such requested amendment or modification, and agrees that it shall process such amendment or modification as an administrative or ministerial action to the extent permitted by law. ARTICLE 8. TRANSFERS AND ASSIGNMENTS 8.1 ~. If Property Owner assigns, sells or transfers by any means all or any portion of the property or any interest therein (the "Transferred Property Interest") to any per~n or entity ("Transferee"), Prolm'tY Owner may assign, sell, or otherwise transfer ("Transfer") to Transferee all or any portion of its interests, rights, or obligations under this 35690/849375v5 - 24 -