Reso 2010-1658 - Laserfiche WebLink

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The obligations of the parties to obtain the Development Approvals hereunder shall be deemed satisfied and fulfilled at such time as the Development Approvals are fully adopted by all requisite governmental action and the same have become final, binding and no longer subject to appeal, which shall hereinafter be referred to as having obtained the "Final Approvals." Notwithstanding the foregoing, the term Development Approvals are not intended to include building permits, certificates of use or occupancy, or such other City, or other similar governmental permits or approvals that are purely ministerial (as opposed to discretionary) in nature. Section 3. Review by Other Governmental Agencies. It is contemplated that the Tenant shall be responsible for obtaining any and all county and state land use approvals and permits as well as obtaining all City land use approvals. (a) Promptly following the execution date of this Agreement, Tenant will initiate and diligently pursue any and all Federal, State County and City Approval applications which are the Tenant's responsibilities. (b) The Landlord shall consent to the filing of all applications for the foregoing as necessary because of its ownership of the Premises affected thereby. In the event this Lease requires modifications of any ordinances, resolutions, rules or regulations of the City, or other governmental entity which must (as a matter of law) be initiated by the Landlord, then, and in that event, any modifications to such ordinances, resolutions, rules and/or regulations will be initiated by the Landlord. Except as provided in clause (a) above, Tenant agrees to pay all of the application fees and advertising costs required for the processing of these applications. The City will process all Development Approval applications in a timely fashion and it shall cooperate with the Tenant (at no cost to the City except as provided in clause (a) above in processing all necessary Development Approvals from federal, county and state agencies as needed. Section 4. Development Review. During the development review process, the City, to the extent permitted by law, shall cooperate and assist Tenant in the applications for and processing of any and all other development approvals with respect to the development of the Land (including, without limitation, any building permit requested by the Tenant) as may be required to allow the construction of the improvements requested by the Tenant as long as and to the extent that such improvements are consistent with the terms of this Agreement and as long as such cooperation and assistance does not include the exercise of the City's police power or arise out of the exercise of the City's powers when acting in a quasi-judicial capacity. The City will process all such development approval applications in a timely fashion; however, nothing contained herein shall obligate the City to expend any funds in support of any such applications. The City agrees to waive all applications/permit fees charged by the City for development review and the issuance of building permits for Tenant's Improvements, and Landlord's Public Facilities. Section 5. Police Powers. As provided above, the parties recognize and agree that certain provisions of this Lease shall require the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider certain changes. in the City's Comprehensive Plan, and/or Zoning Ordinance or other applicable City or Redevelopment Agency codes, plans or 8 U:\City Attorney\f1ANS\20 I 0 Documellts\4m Illvestors\GROUND LEASE WORKING DRAFT 11.16.1 O.doc