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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 aCity <br />eliverine directly to Developer. or obtaining e [.eerie e ,�ght a fie tp),-from <br />the County of San Mateo,anoronriate license - ht 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 (ij) City noticing. Develfllrr <br />that it has c9=1_QtQ.d the_ Abatement Work [as defined in the Demolition A reefinent <br />attached to and as defined in the Tri -Party lmnlementation Agreement). City shall have <br />until <br />in its sole aiscreM «CV,1_ Go_ exl_eltsion_ Tor an &natement r_occe rnaleure twent as. <br />described below. "County Segment Outside Date") to obtain the County Authorization <br />and rambe to t ae 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 AbatempnLWxk, 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 />KOHL11 1. ■ ! t 1 .1 .. 1 1 1. <br />11111111 <br />'Tejoi !. A ti + 1 +.1 - 11'1 1 �. <br />Y I t o !!" + s f 1 1. ! 1M. 1 si I t 11 <br />Nfill <br />Mill <br />01410411M <br />3 a 111EMB1 ■" Itl /1 t 11111 14 111 .1 i 11 ■ ! 1 it i 1 <br />l 1 � ! �•�" ! �l.. 1 -/ x'11 1 +- <br />3 <br />ATTY/AGR/2022.014.01 /TRI -PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />