SU0006255 - Laserfiche WebLink

Home Browse Search

applicable Specific Plan for such amendment to be effective. An such action shall also be pp p Y a subject to the Reserved Discretionary Approvals and Special Conditions. No such action in conflict with the provisions of this Agreement shall be applicable to the Property while this Agreement is in effect unless the Developer shall have consented thereto. 1.11. Sipi_ficant Actions_by Developer, County and Others Necessary to Ilnplement the Existing A rovals. The Implementation of the Existing Approvals requires actions by Developer and County, and agreements with other private and public and quasi-public entities, generally as follows: 1.11.1. MHCSD approval and execution of a Master Acquisition and Reimbursement Agreement with the Developer providing for urban infrastructure and urban services for the Community and the Property, in whole or in part, consistent with the PSA Agreement. 1.11.2. The Reserved Discretionary Approvals and Implementation Actions by Other Governmental Entities. 1.11.3. Providers of utilities and owners of utility lines and easements. 1.11.4. The Developer and County shall cooperate to complete such actions and agreements in the manner and within such times as may be required, it being understood and acknowledged by Developer that the inability to obtain such actions or agreements by others as specified herein and under the Existing Approvals may result in Developer's inability to proceed with development of the Property or any portion thereof and in County's denial of applications for permits and other land use entitlements in connections therewith,until such actions or a agreements are either obtained or mutually waivcd by the parties. In the event that any such action or agreement by other entities as set forth above in Section 1.11.1. is not obtained within four(4) years from the Effective Date (subject to the provisions of Section 5.4. hereof), then in such case, the Developer and County shall meet and confer with the objective of attempting to mutually agree on alternatives and/or amendment to this Agreement to allow the implementation of the Master Plan to proceed with each party substantially realizing its bargained for benefit therefrom. If, after a reasonable period of time not to exceed one hundred eighty(180) days,the parties are unable to mutually agree, then the Developer or County may terminate this Agreement for such reason as provided in Section 5.7. hereof, subject,however, to the provisions a of Section 5.10. hereof. Actions by the County hereunder shall not be arbitrary or capricious, and County shall consider, in good faith, Developer's proposals for alternative measures of achieving the mutual goals and objectives of this Agreement and the Existing Approvals in light of the circumstances including measures that may be suggested by Developer as possible solutions. SECTION 2. RIGHTS AND LIMITATIONS RELATIVE TO DEVELOPMENT OF THE PROPERTY. 2.1. Permitted Uses and Development Rights. W02-SFXPD161481145.2 -24-