ORD 2285 - Laserfiche WebLink

Section 1.3 Initial Term. The term of this Development Agreement shall commence on the Effective Date and expire ten (10) years thereafter (the "Initial Term"), unless the Initial Term is extended as provided in Section 1.4 below. Section 1.4 Extended Term. The Initial Term may be extended, provided that no less than 180 days prior to expiration of the Initial Term described in Section 1.3, Developer submits a written request to the City Manager for an extension of the Initial Term and provides substantial evidence that Developer has made significant progress on the Project warranting an extension. Within thirty (30) days of receiving such request and evidence, the City Manager shall provide Developer a written determination that either (a) the Initial Term will be extended for a specified period of time; or (b) the Developer has not demonstrated significant progress on the Project and what additional criteria is needed for an extension to be granted. (The Initial Term and any Extended Term may be referred to collectively herein as the "Term.") Section 1.5 Expiration of the Term Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force or effect, subject to the provisions of Sections 6.2, 6.3 and 6.4; provided, however, such termination shall not affect any right, or duty arising from City approvals, including, without limitation, the Project Approvals. This Agreement shall terminate with respect to any for sale residential lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot. Section 1.6 Effect of Development Project Approvals Challenge. In the event that any of the Project Approvals are challenged through a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind any of the Project Approvals, the effectiveness of this Agreement shall be suspended pending such modification or rescission The City's modification of the Project Approvals may necessitate that the Parties to this Agreement negotiate an amendment to this Agreement. The rescission of the Project Approvals shall result in this Agreement no longer being in force and effect. In the event that Ordinances or adopting the Development Plan and this Agreement, respectively, are challenged by a referendum petition, and such petition qualifies for the ballot, the effectiveness of this Agreement shall be suspended pending the results of the election upon the ballot measure. If the voters do not reject either of Ordinances and then this Agreement shall no longer be suspended. If the voters reject Ordinances or , then this Agreement shall no longer be in force and effect. Pursuant to Section 2.5 below, the Term shall be extended for any period the effectiveness of the Agreement is suspended under this Section 1.6. ARTICLE 2 Standards, Laws and Procedures Governing the Proiect Section 2.1 Vested Right To Develop. Subject to annexation, Developer shall have a vested right to develop the Project at the Project Site in substantial conformance with the terms and conditions of the Project Approvals, the Subsequent Approvals (defined in Section 4.3 below) (as and when issued), the Applicable Law (defined in Section 2.3 below) and any amendments to the Subsequent Approvals or this Agreement as shall, from time to time, be approved pursuant to this Agreement. Notwithstanding anything to the contrary in this Section 2. 1, in the event of a judicial action that results in a writ of mandate or court order that requires the City to modify or rescind the Development Plan, Developer shall have no vested right to the Development Plan