RecDoc 2026-002924 Development Agreement 901 El Camino Real

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approval, including but not limited to agreements related to landscape or property maintenance, stortuwater treatment, subdivision improvements, and public access, at the time the extension request is made. 4. Extension Options Not Cumulative. The Parties agree that the Extension Option 1 Term is not Cumulative with Extension Options 2(A) or 2(B), or Extension Options 3(A) or 3(B); in other words, the total Term of the Agreement (including any extensions) shall not be longer than ten (10) years. 5. The City Manager has the authority and discretion to determine if the Developer has satisfied the respective extension criteria and upon making a determination in the affirmative, shall grant the extension options offered under this Section 3.2.B. C. Extension Request Procedure. If the Developer desires to request any of the extension options under Section 3.2.13, the Developer must submit a request in writing to the City Manager requesting the extension at least sixty (60) days prior to the date that the Initial Term or Extended Term would expire ("Extension Request"). The Extension Request shall include documentation demonsffing that relevant extension criteria as set forth in Section 3.2.13 have been satisfied or will be satisfied prior to the date that the Initial Term or Extended Term otherwise would expire. D. Force Majeure Delay. Subject to the limitations and notice requirements set forth below in Section 3.2.E, the Term of this Agreement and the time within which either Party shall be required to perform any act under this Agreement may also be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by Force Majeure, and as unforeseen at the time this Agreement was executed by the parties. For purposes ofthis Agreement, "Force Majeure" is defined as strikes, lock outs, and other similar labor difficulties; acts of God; unusually severe weather, but only to the extent that such weather or its effects (including, without limitation, dry out time) result in delays that cumulatively exceed twenty (20) days for any winter season occurring after commencement of construction of the Project; changes in local, state, or federal laws or regulations; any development moratorium or any action of other public agencies that regulate land use, development, or the provision of services that prevents, prohibits, or delays construction of the Project, including without limitation any extension authorized by Government Code Section 66463.5(cl); or enemy action; civil disturbances; wars; terrorist acts; epidemic; pandemic; quarantine; fire; unavoidable casualties; unforeseen environmental conditions of the Property that trigger statutory obligations to cease construction (such as the discovery of a leaking underground storage tank); or mediation, arbitration, litigation, or other administrative or judicial proceeding involving the Project Approvals or this Agreement, including without limitation any extension authorized by Government Code Section 66463.5(e) (each a "Force Majeure Delay"). Developer's inability or failure to obtain financing shall not be deemed to be it cause outside the reasonable control of the Developer and shall not be the basis for a Force Majeure Delay or any other excused delay under the terms of this Agreement. E. Extension of Times of Performance for Force Majeure Delay. An extension of time for any Force Majeure Delay shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if Notice (as defined in Section ATrY/AGR/2025.085 — 901 EL CAM I NO kEAL DA REV: 08-01-25 VR Page 18 of 48