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Last modified
1/3/2012 1:02:33 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2260
Date
8/21/1995
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020 <br /> <br />14. Amendment or Cancellation. <br /> <br /> Except as otherwise provided for herein, this Development <br />Agreement may be amended or canceled in whole or in part only by <br />mutual consent of the parties, or their successors in interest, and <br />in the manner provided in Government Code Sections 65865.1, 65867, <br />65867.5 and 65867. <br /> <br />15. Enforcement <br /> <br /> Unless amended or canceled as provided in Section 16, this <br />Development Agreement shall continue.to be enforceable by any party <br />to it, notwithstanding any change or other regulations adopted by <br />the City which alter or amend the rules, regulations or policies <br />applicable to the Development. <br /> <br />16. Supersession of Aqreeme~t by Chanaes in State or Federal <br /> Law or by Judicial Decision <br /> <br /> In the event that state or federal laws, ordinances, rules, <br />policies or regulations or the laws, ordinances, rules, policies, <br />or regulations of any other governmental or quasi-governmental <br />entity are enacted after the Effective Date of this Development <br />Agreement, or the action or inaction of any other affected <br />governmental jurisdiction or any judicial decision prevents or <br />precludes compliance with one or more provisions of this Develop- <br />ment Agreement, or imposes a requirement on the Development <br />materially different than as otherwise contemplated by this <br />Development Agreement, or requires changes in plans, maps or <br />permits approved by the City or the development standards set forth <br />in the Development Agreement, the parties shall: <br /> <br />(a) <br /> <br />Provide the other party with written notice of such <br />restriction, together with'a copy of the applicable law, <br />rule, regulation or policy and a statement in reasonable <br />detail setting forth the conflict of same with the <br />provisions of this Development Agreement; and <br /> <br />(b) <br /> <br />Promptly meet and confer with the other party in good <br />faith and make a reasonable attempt to modify or suspend <br />this Development Agreement to comply with such law, <br />ordinance, rule, policy or regulation or judicial <br />decision. Thereafter, regardless of whether the parties <br />reach agreement on the effect of such law, ordinance, <br />rule, policy or regulation upon this Development Agree- <br />ment, 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 <br />suspension which is required by such law, ordinance, <br />rule, policy or regulation or judicial decision. It is <br /> <br />14 <br /> <br /> <br />
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