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Developer's ability to construct or cause the construction of the portion of the Blomquist <br />— County Segment located on the County -owned property is contingent upon (City <br />eliverin� directly to Developer. or obtaining from <br />the County of San Mateo, an annloprjate license or right of entry authorizing Developer <br />and its contractors and subcontractors to enter upon, the County property for purposes of <br />performing such work (the "County Authorization") and [ii) City notifying Deyelo= <br />1 at i de De <br />attached to and as defined in the Tri -Party Implementation Agreement). City shall have <br />until the date on whi eh the final tempar-ar-y eei4ifieate of aeetipaney has been isseed fbf the <br />Pr-ejee August <br />In its sole discretion {subject to Qxtensipn_for•- an atement Force Majeure Event as <br />described below, "County Segment Outside Date") to obtain the County Authorization <br />_and c mplete the Abatement Work. In no event shall the status of negotiations with the <br />County or the lack of the County Authorization be a basis to deny or delay the issuance or <br />approval of a building permit, certificate of occupancy, or other Project Approval. <br />Regardless of whether City succeeds in its efforts to timely obtain County Authorization <br />and complete the Abatement Work, Developer shall be obligated, prior to the County <br />Segment Outside Date, to produce construction and engineering drawings in forms <br />acceptable to City such that City may construct or cause the construction of Blomquist — <br />Developer Segment and Blomquist — County Segment at a later date. If City is able to <br />obtain the County Authorization and complete the Abatement Work by the County <br />Segment Outside Date then, to ensure that the construction of the Blomquist — Developer <br />Segment and Blomquist - County Segment is coordinated and appropriately phased with <br />the Project, Developer shall commence construction of the Blomquist — Developer <br />Segment and Blomquist - County Segment on or before the later of (i) ninety (90) days <br />following the date City notifies Developer that City has obtained the County Authorization <br />and completed the Abatement Work, or (ii) issuance of the certificate of occupancy for the <br />first residential unit, or such later date as mutually agreed to by the Parties in writing. <br />Developer shall substantially complete the Blomquist - Developer Segment and Blomquist <br />— County Segment within eighteen (18) months after commencement of construction. <br />Notwithstanding anything to the contrary in this 0, in no event shall Developer be required <br />to commence construction of the Blomquist — Developer Segment and Blomquist - County <br />Segment if Developer, after best efforts, is unable to obtain all required permits and <br />authorizations for such work from regulatory agencies including the U.S. Army Corps of <br />Engineers (the "Non -County Authorizations"). <br />at�IUIM r 1 1 �. 1 Il 1 ►{. <br />!- Miumm, 114T 4 is 6 1"1 ■ t. 1 ! 1 �_ <br />U • • f�'! � l l 1 e -• <br />�- <br />! 1 �! 1 c1t 1 !• ►� SRI! <br />111 1 M49ME"WRIM V MMT 1 <br />t ! <br />3 <br />ATTY/AGR/2022.014.01/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />