ORD 1815A - Laserfiche WebLink

Property Owner to perform its obligations or to perform overall under this Agreement, the parties agree to (1) extend the time periods for performance of Property Owner's obligations, (2) extend the term of this Agreement and (3) bargain in good faith to modify the terms and conditions of this Agreement, to ensure that each Party hereto maintains the benefit of the bargain and to allow the Project to proceed as planned. Any extension of the time for performance of Property Owner's obligations or extension of the term of this Agreement shall be limited to that period of time that one or more of the circumstances enumerated in this Section 6,5 prevent the timely performance by Property Owner of its obligations or substantially interfere with carrying out the Project, or any portion thereof, as the Project has been approved. In the event circumstances identified in this Section 6.5 arise, Property Owner shall notify the City in writing of such circumstances and the manner in which such circumstances substantially interfere with carrying out the Project or the ability of Property Owner to perform under this Agreement. 6.6 DeveloDment Al!reement Lel!islation. This Agreement has been entered into in reliance upon the provisions of the California Statutes governing development agreements (Title 7, Division 1, Chapter 4, Article 2.5, Sections 65864 et seq.) as those provisions existed at the Effective Date. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement unless such amendment or addition is specifically required by the Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected by same unless the parties mutually agree in writing to amend the Agreement to permit such applicability, ARTICLE 7, EMINENT DOMAIN POWERS: ACTIONS OF OTHER AGENCIES 7.1 CooDeration of City, City shall cooperate with Property Owner in implementing all of the conditions of the Project Approvals, including, but not lirnited to, the potential exercise of its eminent domain powers in connection therewith (including, by way of example, but not limited to, exercise of eminent domain in connection with the Bernal A venue 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 all applicable procedures, has made the requisite findings properly supported by evidence that the use of such power is reasonably necessary, In addition, City shall cooperate with Property Owner in its endeavors to obtain any other permits and approvals as may be required from other governmental or quasi-governmental agencies having jurisdiction over the Project (such as the U,S, Army Corps of Engineers, the California Department of Fish & Game ("CDFG"), the Regional Water Quality Control Board ("RWQCB"), Zone 7, CalTrans, or other public utilities or utility districts) and shall, from time to time, at the request of Property O\\ner, 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 Proiect Modifications Due to Actions of Other Al!encies, In the event Property Owner (a) is required to modifj the Project, or any portion thereof, during review, or as a result of action taken (including conditions of permit approval) or determinations made, by other 356901849375v14 - 28- 08125100