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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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1/3/2012 1:02:49 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2193
Date
5/3/1993
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,153. <br /> <br />its discretion and after reasonable notice to Developer, may <br />require. Developer shall be deemed to be in good faith compliance <br />with this Development Agreement if the City is not entitled by the <br />terms and provisions of this Development Agreement to terminate <br />'this Development Agreement. A failure of the City to timely <br />conduct a periodic review pursuant to this Section 15 shall not in <br />any manner constitute a default by the City or the Developer <br />hereunder or invalidate this Development Agreement or diminish, <br />impede, or abrogate the rights and privileges of either party or <br />its successors and assigns hereunder. <br /> <br />16. ~msndment or Cancellation. <br /> <br /> This Development Agreement may be amended or canceled in <br />whole or in part only by mutual consent of the parties and in the <br />manner provided in Government Code Sections 6§866, 65867 and <br />6§867.5. <br /> <br />17. Supersession of Development Agreement by changes in stats or <br /> Federal Law. <br /> <br /> In the event that State or Federal laws or regulations <br />enacted after this Development Agreement have been entered into or <br />the action or inaction of any other affected governmental jurisdic- <br />tion prevents or precludes compliance with one or more provisions <br />of this Development Agreement so that required changes in plans, <br />maps or permits need to be approved by the City, the parties shall: <br /> <br /> (a) Provide the other party with written notice of <br />such State or Federal restriction, provide a copy of such <br />regulation or policy as a statement of conflict for the <br />provisions of this Development Agreement; and. <br /> <br /> (b) Promptly meet and confer with the other party <br />in a good faith and make a reasonable attempt to modify or <br />suspend this Development Agreement to comply with such federal <br />or State law or regulation. Thereafter, regardless of whether <br />the parties reach agreement on the effect of such Federal or <br />State law regulation upon this Development Agreement, the <br />matter shall be scheduled for a hearing before the City <br />Council, upon thirty (30) days notice, for the purposes of <br />determining the exact modification or suspension which is <br />required by such Federal or State law or regulation, <br /> <br />19. Enforced Delay and Extension of Times of Perfor~anoeo <br /> <br /> In addition to specific provisions of this Development <br />Agreement, performance by either party hereunder shall not be <br />deemed to be in default where delays or defaults are demonstrated <br />to be due to acts of God, war, acts or omissions of third parties <br />which are not a party to this Development Agreement, including but <br />not limited to, other governmental agencies, or other causes beyond <br /> <br />23 <br /> <br /> <br />
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