ORD 2158 - Laserfiche WebLink

(iv) Required as a result of facts, events or circumstances presently unknown or unforeseeable that would otherwise have an immediate and substantially adverse risk on the health or safety of the surrounding community as reasonably determined by City. 5.2 Developer's Right to Rebuild City agrees that Developer may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, or should the buildings located within the Property become functionally outdated, within Developer's sole discretion, due to changes in technology. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, any Subsequent Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the applicable requirements of CEQA. 5.3 Availability of Public Services To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving and securing capacity for sewer, water and any other utilities or services as may be necessary or appropriate to serve the Project. 5.4 Developer's Application for Non-City Permits and Approvals. City shall cooperatively and diligently work with Developer in its efforts to obtain any and all such non-City permits, entitlements, approvals or services as are necessary to develop and operate the Project in order to assure the timely availability of such permits, entitlements, approvals and services, at each stage of Project development. SECTION 6. PERIODIC COMPLIANCE REVIEW; DEFAULT. 6.1 Periodic Compliance Review. On an annual basis and upon thirty (30) days' notice from City to Developer, Developer shall document its good faith compliance with the terms of this Agreement and submit this compliance report to City. This periodic compliance review shall be conducted in accordance with the Development Agreement Statute ("Periodic Review"). 6.2 Notice of Compliance. Provided that City has determined, based on the most recent Periodic Review,that Developer is in compliance with all provisions of this Agreement, then within thirty (30)days following a written request from Developer that may be made from time to time, City shall execute and deliver to Developer(or to any party requested by Developer) a written "Notice of Compliance" in recordable form, duly executed and acknowledged by City,that certifies: 11