Laserfiche WebLink
explain, modify, construe, limit, amplify, or aid in the interpretation, <br />construction, or meaning of any of the provisions of this First Amended <br />and Restated Development Agreement. <br />9.6 Consent. Where the consent or approval of a Party is required by or <br />necessary under this First Amended and Restated Development <br />Agreement, the consent or approval shall not be unreasonably withheld. <br />9.7 Covenant of Cooperation. The Parties shall cooperate with and deal <br />with each other in good faith. They will assist each other to the extent <br />needed in the performance of the provisions of this First Amended and <br />Restated Development Agreement. <br />9.8 Time of Essence. Time is of the essence for each provision of this First <br />Amended and Restated Development Agreement of which time is an <br />element. <br />9.9 Conflicts of Law. In the event that state or federal laws or <br />regulations enacted after this First Amended and Restated Development <br />Agreement has been entered into or the action or inaction of any other <br />affected governmental jurisdiction prevent or preclude compliance with <br />one or more provisions of this First Amended and Restated <br />Development Agreement or require changes in plans, maps, or permits <br />approved by the City, the parties shall provide the other party with <br />written notice of such state or federal restriction, provide a copy of such <br />regulation or policy, and a statement of conflict with the provisions of <br />this First Amended and Restated Development Agreement. The Parties <br />shall, within thirty (30) days, meet and confer in good faith in a <br />reasonable attempt to modify this First Amended and Restated <br />Development Agreement to comply with such federal or state law or <br />regulation. Thereafter, regardless of whether the parties reach an <br />agreement on the effect of such federal or state law or regulation upon <br />this First Amended and Restated Development Agreement, the matter <br />shall be scheduled for hearing before the Council. Public notice of such <br />hearing shall be given pursuant to Government Code Section 65854.5. <br />The City Council, at such hearing, shall determine the exact <br />modification or suspension which shall be necessitated by such federal <br />or state law or regulation pursuant to Government Code Section <br />65869.5. At the hearing Owner shall have the right to offer oral and <br />written testimony. <br />9.10 Recording. The City Clerk shall cause a copy of this First Amended and <br />Restated Development Agreement to be recorded with the Office of the <br />County Recorder of Orange County, California, within ten (10) days <br />067619 \5448832v5 25 <br />