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DRAFT <br />December 19, 2012 <br />D. Cooperate with the City and Authority in the pursuit of grants and other <br />funding opportunities. <br />3. Exclusive Negotiations <br />During the term of this Agreement, the City and Authority agree that neither shall <br />negotiate with any person or entity, exclusive of any other public entity, other than the <br />Developer, regarding potential disposition and development of the Proposed <br />Development Site. <br />4. Term <br />The term of the Agreement shall be for a period of eighteen (18) months from the <br />Effective Date of this Agreement (the "Initial Term"). During the Initial Term, the parties <br />shall cooperate in the master planning process with the intent of producing a mutually <br />agreeable and approved Master Plan, pursuant to the "Schedule" evidencing a timeline <br />and milestones for work product attached hereto and incorporated herein as Exhibit B. <br />Said Schedule is subject to change by mutual written agreement of the parties. If <br />substantial progress is being made on the Master Plan and more time is needed to <br />complete the Master Plan, by mutual agreement, this Initial Term may be extended for <br />six months by the City Manager and Executive Director of the Housing Authority. If the <br />City makes a decision to incorporate the County Parcels into the Master Plan during the <br />Initial Term or optional six month extension if granted, up to two additional six-month <br />extensions can be granted in the same manner. Said approval to extend is conditioned <br />upon Developer providing the City and Authority with an updated Schedule, which shall <br />also be subject to the approval of the City Manager and Executive Director of the <br />Authority, which approval will not be unreasonably withheld. <br />5. Extended Term - Master Plan Approval <br />If, at or before the end of the Initial term or any extensions granted pursuant to <br />Section 4 above, the City, Authority and Developer complete the Master Plan which is <br />approved by the governing bodies of the City and Authority, the term of this Agreement <br />shall be extended for one (1) year or a greater period mutually agreeable to the parties <br />(the "Extended Term"), during which time the parties will negotiate towards <br />agreement(s) for disposition and/or development of the Proposed Development Site not <br />otherwise retained by the City and Authority, as applicable, in accordance with the <br />terms hereof, and/or unpermitted due to funding sources. <br />6. Environmental Requirements <br />Prior to entering into any final agreement(s) with the Developer, the City and <br />Authority must approve any and all NEPA and/or CEQA documents that may be <br />applicable to any development and that nothing in this Agreement in any way <br />constitutes nor shall it be interpreted to be a contractual obligation committing the City <br />EXHIBIT 1 <br />4 <br />8OA-10