Reso 2011-1749 - Laserfiche WebLink

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Section 3. Review by Governmental Agencies. It is contemplated that the Tenant shall be responsible for obtaining any and all county and state land use approvals and permits as well as obtaining all City land use approvals. (a) Promptly following the approval of Acceptable Vendor and revised plans, Tenant will initiate and diligently pursue any and all Federal, State County and City approval applications which are the Tenant's responsibilities. (b) The Landlord shall consent and lor join the filing of all applications for the foregoing as necessary because of its ownership of the Premises affected thereby. In the event this Lease requires modifications of any ordinances, resolutions, rules or regulations of the City, or other governmental entity which must (as a matter of law) be initiated by the Landlord, then, and in that event, any modifications to such ordinances, resolutions, rules and/or regulations will be initiated by the Landlord. The City will process all Development Approval applications in a timely fashion as required hereunder and it shall cooperate with the Tenant in processing all necessary Development Approvals from federal, county and state agencies as needed. Section 4. Development Review. During the Development Review process, the City, to the extent permitted by law, shall cooperate and assist Tenant in the applications for and processing of any and all other development approvals with respect to the development of the Premises (including, without limitation, any building permit requested by the Tenant) as may be required to allow the construction of the Improvements requested by the Tenant as long as and to the extent that such Improvements are consistent with the terms of this Lease and as long as such cooperation and assistance does not include the exercise of the City's police power or arise out of the exercise of the City's powers when acting in a quasi-judicial capacity. The City will process all Development Approval applications in a timely fashion; provided, however, nothing contained herein shall obligate the City to expend any funds in support of any such applications. The City agrees to waive all applicationslpermit fees charged by the City for development review and the issuance of building permits and building inspections for Tenant's Improvements.. Section 5. Police Powers. As provided above, the Parties recognize and agree that certain provisions of this Lease shall require the City and/or its boards, departments or agencies, acting in their governmental capacity, to consider certain changes. in the City's Comprehensive Plan, and/or Zoning Ordinance or other applicable City or Redevelopment Agency codes, plans or regulations, as well as to consider other governmental actions (such as, but not limited to, street closures), as set forth in this Lease. All such considerations and actions shall be undertaken in accordance with established requirements of state statute and City ordinances, in the exercise of the City's jurisdiction under the police power. NOTHING IN THIS LEASE IS INTENDED TO LIMIT OR RESTRICT THE POWERS AND RESPONSffiILITIES OF THE CITY IN ACTING ON APPLICATIONS FOR COMPREHENSIVE PLAN CHANGES, OR APPLICATIONS FOR ANY OTHER DEVELOPMENT APPROVALS BY VIRTUE OF THE FACT THAT THE CITY MA Y HAVE BEEN REQUIRED TO CONSENT TO SUCH APPLICATIONS AS A PROPERTY OWNER OR OTHERWISE. THE PARTIES FURTHER RECOGNIZE AND AGREE THAT THESE PROCEEDINGS SHALL BE CONDUCTED OPENLY, FULLY, FREELY AND F AIRL Y IN FULL ACCORDANCE WITH LAW AND WITH BOTH PROCEDURAL AND SUBSTANTIVE DUE PROCESS TO BE ACCORDED THE 8