Laserfiche WebLink
G <br />such regulation or policy as a statement of conflict for <br />the provisions of this Development Agreement; and <br />(b) Promptly meet and confer with the other <br />party in a good faith and make a reasonable attempt to <br />take such action necessary to protect and preserve the <br />validity and enforceability of this Development Agreement, <br />including modification or suspension of this Development <br />Agreement, only if such action would be ultimately <br />necessary to comply with such Federal or State law or <br />regulation and at the same time would protect and preserve <br />the Development Plan contemplated by this Development <br />Agreement. Thereafter, regardless of whether the parties <br />reach agreement on the effect of such Federal or State law <br />regulation upon this Development Agreement, the matter <br />shall be scheduled for a hearing before the City Council, <br />upon thirty (30) days notice, for the purposes of <br />determining the exact action which is required by such <br />Federal or State law or regulation. <br />16. Enforced Delay and Extension of Times of <br />Performance. In addition to specific provisions of this <br />Development Agreement, performance by either party hereunder <br />shall not be deemed to be in default where delays or defaults <br />are demonstrated to be due to acts of God, war, acts or <br />omissions of the City, acts or omissions of third parties <br />which are not a party to this Development Agreement, <br />including but not limited to, other governmental agencies, or <br />other causes beyond the reasonable control of Developer. An <br />extension of time in writing for any such cause shall be <br />granted for the period of the enforced delay, or longer as <br />mutually agreed upon, which period shall commence to run from <br />the time of commencement of cause. <br />17. Notices. Any notice or instrument required to <br />be given or delivered to either party to the Development <br />Agreement may be given or delivered by depositing the same in <br />the United States mail, certified mail, postage prepaid, <br />addressed to: <br />City: City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attn: City Manager <br />Developer: Bentall Development Company <br />3111 North Tustin Avenue, Suite 150 <br />Orange, California 92665 <br />Attn: Michael Browning <br />OC22 \YP50 \rkb \bent2.agt 10 11/20189 <br />