02 NEG AGRMT-REG TRANS CTR-HA PROP (CONT-2012-11-19)_2013-01-07

Home Browse Search

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