Laserfiche WebLink
2.6. Other Governmental Permits. Developer shall apply for such other permits, <br /> approvals or services as may be required from Other Governmental Entities having jurisdiction <br /> over the development of the Property as may be required for the development of, or provision of <br /> services to, the Property under the Existing Approvals, any Subsequent Discretionary Approvals, <br /> and the other standards, terms and conditions of this Agreement. County shall cooperate (at no <br /> cost to County)with Developer to obtain such permits, approvals or services and, if County in its <br /> good faith discretion deems such actions appropriate and consistent with this Agreement, from <br /> time to time at the request of Developer, shall attempt in good faith to enter into binding <br /> agreements with any such entity in order to assure the availability of such permits, approvals or <br /> services. Such agreements with the consent of Developer may include, but are not limited to, as <br /> County in its good faith discretion may deem appropriate,joint powers agreements pursuant to <br /> the provisions of the Joint Exercise of Powers Act (Government Code Section 6500, et seq.) <br /> and/or cooperative agreements pursuant to the provisions of other laws, in order to create legally <br /> binding, enforceable agreements between such parties. As deemed appropriate by County in its <br /> good faith discretion, either County or Developer may be a party to any such agreement, or a <br /> third party beneficiary thereof, entitled to enforce for its benefit, in its own name, the rights <br /> thereunder or the duties and obligations of the parties thereto. Developer shall reimburse County <br /> for all costs and expenses incurred by County in connection with any such agreement. County <br /> shall consult with Developer prior to entering into agreements pursuant to this Section 2.6. which <br /> impose any direct costs (including cost reimbursement obligations) upon Developer. <br /> 2.7 Reservation of Rijzhts. Notwithstanding anything to the contrary in this Section 2 or this <br /> Agreement,the Developer reserves its rights with regard to the application of ICCTA preemption <br /> to the Project and the development of the Property. The County takes no position on the <br /> Developer's reservation of rights. <br /> SECTION 3. OBLIGATIONS OF THE DEVELOPER AND COUNTY. <br /> 3.1. Improvements; Services. <br /> 3.1.1. When the Developer proceeds with development of the Property, the <br /> Developer shall do so in accordance with the Existing Approvals, any Subsequent Discretionary <br /> Approvals and Applicable Law, subject to the terms and conditions of this Agreement. <br /> 3.1.2. As a condition to being able to proceed with any phase of development of <br /> the Property,the Developer shall, subject to its reservation of rights in regard to ICCTA <br /> preemption, comply with the Existing Approvals, any Subsequent Discretionary Approvals, and <br /> this Agreement, as applicable to the development of such phase of the Property. <br /> 3.1.3. Subject to any Subsequent Discretionary Approvals,the County shall <br /> reasonably cooperate with the Developer(at no cost to the County except as otherwise expressly <br /> set forth in the Existing Approvals) in implementing the Existing Approvals. <br /> 3.1.4. Without limiting the foregoing, applications for Development Permits may <br /> be made subject to the participation by Developer in and compliance with specific requirements <br /> of the Existing Approvals and any Subsequent Discretionary Approvals. <br /> -26- <br />