RES 01105 - Laserfiche WebLink

this Amended Cooperative Fee A~eement ("Default"), and (ii) the actions required by the Cooperative Fee Developer to cure such Default. The Cooperative Fee Developer shall have sixty (60) days after the date of such notice to cure such Default. or in the event that such Default cannot be cured within such 60-day period, the Cooperative Fee Developer shall have commenced the actions necessary to cure such Default and shall be diligently proceeding to complete such actions necessa_D.' to cure such Default within 60 days from the date of notice. Any Cooperative Fee Developer who fails to cure or pursue the cure of a Default as set forth above, shall be deemed to have surrendered its Growth Management Approval for each year the Cooperative Fee Developer fails to cure the default. ARTICLE 31I CHALLENGES TO THIS AMENDED COOPERATIVE FEE AGRFEMENT: ATTORNEYS FEES Section 11.1 Covenant Not to Sue. Each party for itself, covenants and agrees that such party shall forever refrain from initiating, filing, instituting, maintaining, or proceeding upon, or encouraging, advising, or voluntarily assisting any other person or entity to initiate, institute, maintain, or proceed upon any claim, demand, cause of action or fight of any nature before any court or administrative body to set aside or invalidate any provision of this Amended Cooperative Fee Agreement. the General Plan, the Growth Management Program Ordinance, the application of CEQA to the Planned Residemial Projects, zoning or any other land use or environmental statute, ordinance or other approval or permit of any kind. as any of the foregoing apply to the mitigation of school facilities impacts. The foregoing covenant not to sue shall not apply to an action or proceeding by any party as to the proper interpretation of any provision hereof or the application of the terms hereof to such party.. Notwithstanding any provision of law, the Cooperative Fee Developers are hereby irrevocably commined to this Amended Cooperative Fee Agreement and acknowledge that Cooperative Fee Developers' commitment is fully enforceable as a binding contract and the Cooperative Fee Developers will not assert in any manner that City and District are acting in excess of their powers in entering into this Amended Cooperative Fee Agreement. Section 11.1.1 Exceptions. Notwithstanding this Section or any other Section of this Amended Cooperative Fee Agreement, the Cooperative Fee Developers retain and have not waived any and all fights they have in law or equity to challenge a City. action to suspend Growth Management Approval, to suspend or limit the issuance of building permits or to otherwise exercise its police power in such manner as to limit or constrain a Cooperative Fee Developer's right to develop and build-out a project subject to the term.s of this Amended Cooperative Fee Agreement. Notwithstanding this Section or any other Section of this Amended Cooperative Fee Agreement, District retains and has not waived any and all rights it has in law or in equity to challenge a City decision not to (i) impose moratoria. (ii) suspend Growth Management Approval, (iii) suspend issuance of building permits or (iv) otherwise fail to exercise the City's police power to achieve full and complete mitigation as set forth in Article VII. Section 11.2 Challenge by Third Party to this Amended Cooperative Fee Agreement. If at any time or for any reason any person or entity, that is not a party to this June 1~ 2001