Reso 2011-1735 - Laserfiche WebLink

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FACT THAT THE CITY MAY HAVE BEEN REQUIRED TO CONSENT TO SUCH APPLICATIONS AS A PROPERTY OWNER OR OTHERWISE. THE PARTIES FURTHER RECOGNIZE AND AGREE THAT THESE PROCEEDINGS SHALL BE CONDUCTED OPENL Y, FULLY, FREELY AND F AIRL Y IN FULL ACCORDANCE WITH LAW AND WITH BOTH PROCEDURAL AND SUBSTANTIVE DUE PROCESS TO BE ACCORDED THE APPLICANT AND ANY MEMBER OF THE PUBLIC. NOTHING CONTAINED IN THIS AGREEMENT SHALL ENTITLE THE TENANT TO COMPEL THE CITY TO TAKE ANY SUCH ACTIONS, SAVE AND EXCEPT THE CONSENTS TO THE FILING OF SUCH APPLICATIONS FOR LAND USE APPROVALS, REZONINGS, COMPREHENSIVE PLAN AMENDMENTS OR OTHER REQUIRED APPROVALS, AS MORE FULLY SET FORTH HEREIN, AND TO TIMELY PROCESS SUCH APPLICATIONS. Section 6. Approval Period. The Tenant shall use its good faith and diligent efforts to obtain the Final Approvals and otherwise timely obtain the Final Approvals. For the purpose of this Lease, Final Approvals mean the approval of all site plans and permit applications filed with the appropriate governmental agencies for the construction of Tenant's Improvements. The Tenant shall obtain Final Approvals for Tenant's Improvements consistent with the time frame setforth in Article 4 of the Design/Build Agreement between Landlord and Tenant -(the "Approval Period" . The Tenant shall have the right to request the City to extend the Approval Period for (i) an additional three (3) months to the extent the Final Approvals have not been obtained. In the event the Final Approvals have not been obtained on or before the expiration of the Approval Period (as the same may be extended as provided above), or in the event prior thereto, any of the required Development Approvals have been denied by the City (or, with respect to any Development Approval which is denied by a governmental entity other than the City, not refiled or appealed within thirty (30) days after such denial, to the extent such refiling or appeal is permitted by law; however, nothing set forth herein shall obligate the Tenant to file any appeal), then Tenant may, at its sole option, (i) terminate this Lease as hereinafter provided, or (ii) waive the condition precedent as hereinafter provided. Notice of termination shall be given in writing to the Landlord no later than the expiration of the applicable Approval Period (as the same may be extended). If Tenant terminates this Agreement prior to the expiration of the Approval Period, then this Lease shall terminate as to all provisions except those specifically provided herein to survive termination and all of the other provisions and obligations of the parties under this Lease shall fully terminate and be null and void and Tenant shall immediately surrender possession of the Land to Landlord. If the Final Approvals are obtained prior to the delivery of a written notice of termination, then there shall be no further right of termination hereunder. In the event all of the Development Approvals have been timely obtained, but some or all of them are being challenged by third parties or appeal periods have not expired so that they have not become Final Approvals at a time when the Approval Period (as the same may have been extended) is expiring, the Landlord and Tenant agree to consider the desirability and advisability of further extending the Approval Period(s), provided that such consideration and the determination thereof shall be in the sole and exclusive discretion of each of such respective parties, and must be separately agreed by the Landlord and Tenant in order to be binding. 8