ORD 1792 - Laserfiche WebLink

Mountain Development and TTK, or their respective successors-in-interest or landowners) of the cost to provide "off-site" sewer and water improvements to existing residents of the HVSPA. This work will include sewer/water laterals and mains to the right-of-way/property line along streets referred to in Exhibit "B" hereof (specifically, in Exhibit "B-I" thereto). Developer shall not be responsible to install or to pay for sewer and water connection fees and "on-site" costs (i.e., the cost of installing such laterals or lines on private property or of connecting lines in public streets or rights-of-way to the home). The Funding Developers have agreed to a financing plan as described in the attached Exhibit "B", entitled "Happy Valley/North Sycamore Finance Plan". 8. Amendment or Cancellation. 8.1 Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council. If such modification or suspension is infeasible in Developer's reasonably business judgment, then Developer may elect any one or more of the following in any sequence. 8.1.1 To terminate this Agreement by written notice to City; 8.1.2 To challenge the new law preventing compliance with the terms of this Agreement, and extend the term hereof for the period of time required to make such challenge. If such challenge is successful, this Agreement shall remain unmodified, except for the extension of the term and shall remain in full force and effect. 8.2 Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of State law. 8.3 Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be cancelled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the same procedure used when entering into this Agreement. 8.4 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer, and refinements and further development of the Project may demonstrate that clarifications with respect to the details of performance of City and Developer or minor revisions to the Project are appropriate. If and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications or minor modifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached -8- 10/21/99