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37 <br /> <br />obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to <br />provide to City in a timely manner all such documents, applications, plans and other necessary <br />required materials as set forth in the Applicable Law. It is the express intent of Developer and <br />City to cooperate and diligently work to process to final action any and all Subsequent <br />Approvals. <br />8.3. Timely Processing By City. Upon submission by Developer of all appropriate <br />applications and processing fees for any Subsequent Approval, City shall promptly and diligently <br />commence and complete all steps necessary to act on the Subsequent Approval application <br />including, without limitation, (i) providing at Developer’s expense and subject to Developer’s <br />request and prior approval, reasonable overtime staff assistance and/or staff consultants for <br />planning and processing of each Subsequent Approval application; (ii) if legally required, <br />providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval <br />application. City shall ensure that adequate staff is available, and shall authorize overtime staff <br />assistance as may be necessary, subject to Developer payment of applicable City planning permit <br />fees and charges at the rate in effect at the time of the completed application, to timely process <br />such Subsequent Approval application. <br />8.4. Regulation by Other Public Agencies. Other public agencies not within the <br />control of City may possess authority to regulate aspects of the development of the Property <br />separately from or jointly with City, and this Development Agreement does not limit the <br />authority of such other public agencies. Nevertheless, City shall be bound by, and shall abide by, <br />its covenants and obligations under this Development Agreement in all respects when dealing <br />with any such agency regarding the Property. To the extent that City, the City Council, the <br />Planning Commission or any other board, agency, committee, department or commission of City <br />constitutes and sits as any other board, agency, commission, committee, or department, it shall <br />not take any action that conflicts with City’s obligations under this Agreement unless required to <br />by any State or Federal law. <br />8.5. Other Governmental Permits and Approvals; Grants. Developer shall apply in a <br />timely manner in accordance with Developer’s construction schedule for the permits and <br />approvals from other governmental or quasi-governmental agencies having jurisdiction over the <br />Project as may be required for the development of, or provision of services to, the Project. <br />Developer shall comply with all such permits, requirements and approvals. City shall cooperate <br />with Developer in its endeavors to obtain such permits and approvals, provided that, nothing <br />herein shall require the City to expend any funds on such efforts and Developer shall reimburse <br />the City for any costs relating to these efforts. <br />8.6. Cooperation in the Event of Legal Challenge. <br />(a) 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.