Inst 2014153467 - Laserfiche WebLink

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