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299 <br /> <br />the various phases of the Development as set forth in said <br />exhibit, will be financed through one or more Municipal <br />Financing(s). For purposes of this Agreement, s 'Municipal <br />Financing# shall mean a financing secured by assessments or <br />special taxes pursuant to the Mello-Roos Facilities Act of 1982, <br />being Chapter 2.5 of Division 2 of Title V of the California <br />Government Code, commencing at Section 5331! thereof. City <br />hereby agrees to use its best efforts to sponsor the issuance of <br />one more Municipal Financing(s) to assist in the completion and <br />installation of public infrastructure improvements identified in <br />Exhibit #C# attached hereto. In the event the City shall be <br />responsible for completing one or more portions of such <br />improvements, City agrees to act promptly to so complete such <br />improvements in order to avoid delays to the Development. It is <br />anticipated that notwithstanding any Municipal Financing(s), the <br />initial cost of the installation of the above-described public <br />improvements may be borne in part by Developer. <br /> <br /> 17. Supercession of Agreement by Changes in State or <br />Federal Law. In the event that State or Federal laws or <br />regulations enacted after this Development Agreement have been <br />entered into or the action or inaction of any other affected <br />governmental jurisdiction prevents or precludes compliance with <br />one or more provisions of this Development Agreement that <br />requires changes in plans, maps or permits approved by the City, <br />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 ss 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 s reasonable attempt to modify or <br /> suspend this Development Agreement to comply with such <br /> Federal or State law or regulation. Thereafter, regardless <br /> of whether the parties reach agreement on.the effect of such <br /> Federal or State law regulation upon this Development <br /> Agreement, the matter shall be scheduled for a hearing before <br /> the City Council, upon thirty (30) days notice, for the <br /> purposes of determining the exact modification or suspension <br /> which is required by such Federal or State law or <br /> regulation. <br /> <br /> 18. Enforced Delay and Extension of Times of <br />~erformance. 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 are <br />demonstrated to be due to acts of God, war, acts or omissions of <br />the City, acts or omissions of third parties which are not a <br />party to this Development Agreement, including hut not limited <br />to, other governmental agencies, or other causes beyond the <br />reasonable control of Developer. An extension of time in writing <br />for any such cause shall be granted for the period of the <br />enforced delay, or longer aa mutually agreed upon, which period <br />shall commence to run from the time oX co~encment of cause. <br /> <br /> 19. Notices. Any notice or instrument required to be <br />given or delivered to either party to the Development Agreement <br />may be given or delivered by depositing the same in the United <br />States mail, certifi~d mail, postage prepaid, addressed to: <br /> <br /> City: City of Santa Ann <br /> 20 Civic Center Plaza <br /> P.O. Box 1988 <br /> Santa Ann, California 92702 <br /> Attention: City Manager <br /> <br />-9- <br /> <br /> <br />