Laserfiche WebLink
<br /> 23 <br /> <br /> <br />Property. To the extent that City, the City Council, the Planning Commission or any other board, <br />agency, committee, department or commission of City constitutes and sits as any other board, <br />agency, commission, committee, or department, it shall not take any action that conflicts with <br />City’s obligations under this Agreement unless required to by any State or Federal law. <br />6.3. Other Governmental Permits and Approvals; Grants. <br />Developer shall apply in a timely manner in accordance with Developer’s construction <br />schedule for the permits and approvals from other governmental or quasi-governmental agencies <br />having jurisdiction over the Project as may be required for the development of, or provision of <br />services to, the Project. Developer shall comply with all such permits, requirements and <br />approvals. City shall cooperate with Developer in its endeavors to obtain (a) such permits and <br />approvals and (b) any grants for the Project for which Developer applies. The Parties <br />acknowledge that the Project contemplates relocation and improvements of certain pedestrian <br />crossing facilities along the rail lines that border the project site on the Martinez and Alvarado <br />frontages (“Pedestrian Crossing Improvements”). Any work in these right of ways will <br />require permits and approvals from various state and regional governmental agencies, including <br />but not limited to BART, Union Pacific Railroad, Caltrans, and the California Public Utilities <br />Commission. City acknowledges and agrees that Developer has no control over the granting of <br />approvals necessary for the Pedestrian Crossing Improvements and that in the event Developer is <br />not granted any required permits or approvals related to the Pedestrian Crossing Improvements, <br />any phase of the Project may proceed to construction as approved in the Project Approvals and <br />contemplated by this Agreement. Completion of the Pedestrian Crossing Improvements shall not <br />be a condition of approval of the Project. <br />6.4. Cooperation in the Event of Legal Challenge. <br />6.4.1. The filing of any third party lawsuit(s) against City or Developer relating <br />to this Agreement, the Project Approvals or other development issues affecting the Property shall <br />not delay or stop the development, processing or construction of the Project or approval of any <br />Subsequent Approvals, unless the third party obtains a court order preventing the activity. City <br />shall not stipulate to or cooperate in the issuance of any such order. <br />6.4.2. In the event of any administrative, legal or equitable action instituted by a <br />third party challenging the validity of any provision of this Development Agreement, the <br />procedures leading to its adoption, or the Project Approvals for the Project, Developer and City <br />each shall have the right, in its sole discretion, to elect whether or not to defend such action, to <br />select its own counsel, and to control its participation and conduct in the litigation in all respects <br />permitted by law. Developer shall pay for all of City’s reasonable and documented legal costs <br />related to any action challenging the validity of any provision of this Development Agreement, <br />procedures leading to its adoption, or the Project Approvals. If both Parties elect to defend, the <br />Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint <br />defense and confidentiality agreement in order to share and protect information, under the joint <br />defense privilege recognized under applicable law. As part of the cooperation in defending an <br />action, City and Developer shall coordinate their defense in order to make the most efficient use <br />of legal counsel and to share and protect information. Developer and City shall each have sole <br />discretion to terminate its defense at any time. City retains the option to select and employ