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ORDINANCE NO. NS-2106 . 'v 101 forth in said section. (d) The provisions of this section and section 13 of this Agreement shall survive any termination of this Agreement. 13. Determination of contributions. The base rate for the Off-site street Improvements Contribution shall be $4.25 per square foot of gross floor area of the Office Building. The base rate for the Sandpointe Improvements contribution shall be $0.59 per square foot of gross floor area of the Office Building or $110,000, whichever is greater. The amount to be paid by the Developer in the case of each contribution shall be the base rate as adjusted each year based on the Enqineerinq News Record Cost Index. Such adjustment shall occur on July 1 of ,each calendar year commencing with 1991. The adjusted rate shall be determined as of the date Developer files a complete application for a building permit for the Office Building, with the City, and such rate shall be subject to further adjustment after such date only if such application expires without issuance of a permit, or if, a permit issued pursuant to such application expires without the commencement of construction. As used herein, "gross floor area" means the total floor area encompassed within the outer walls of the Office Building, without reduction for the space taken by interior walls, stairways, elevators, and the like. 14. Assiqnment: Release. This Development Agreement shall not be severable from Developer's interest in the Property and the Development. Any transfer of the portion of the Property including the Office Building shall automatically operate to transfer the benefits and burdens of this Development Agreement in respect of such portion. Developer shall have the right to sell, assign, pledge as security or transfer all or any part of its interest in the Property along with all of its right, title and interest in and to all or any part of this Development Agreement to any person, firm or corporation at any time during the term of this Development Agreement without the consent of the City. Provided that Developer has provided the city with notice of such transfer, upon the sale, transfer or assignment of Developer's interest in all or any portion of the Property or the Development, Developer shall be released from its obligations under this Development Agreement arising subsequent to such transfer in respect of the transferred portion. The city agrees to execute any documents reasonably required by an assignee, transferee, lender or other party confirming the rights of such party under this Development Agreement or providing notices of default and rights to cure for the benefit of such parties. - 15. Periodic Review of Compliance. In accordance with Government Code Section 65865.1, the city Council shall review this Development Agreement at least once each calendar year hereafter. At such periodic reviews, Developer must demonstrate its good faith 11