RecDoc 2013-166544 - Laserfiche WebLink

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applicable Extension Conditions have been satisfied, and shall take one of the following actions: approve the Extension Request; or notify the Developer of the specific steps required to satisfy any unmet Extension Conditions. Except as otherwise provided in this Section 1.3.4, the determination whether Developer is in compliance with this Agreement shall be consistent with the annual review described in Section 5.1 below. If the City Council determines Developer is in compliance with this Agreement and all of the applicable Extension Conditions have been satisfied, then, the City Council shall direct the City Manager to grant the Extension Request and, upon Developer's payment of any remaining Contributions necessary to obtain the extension, provide written notice, in a recordable form, that the applicable Extension Request has been granted and the Term shall be extended accardingly. If the City Council determines that one or more of the applicable Extension Conditions have not been satisfied, then the City Council shall adopt specific findings identifying the specific steps needed to achieve compliance with the applicable Extension Conditions, including this Agreement. Developer shall have 60 days following the City Council's action to take the steps necessary to satisfy the applicable Extension Conditions (including the terms and provisions of this Agreement), and to submit a revised Extension Request documenting such compliance ("Revised Extension Request"). Upon receipt of a Revised Extension Request, the City Manager shall review the request and place the item on an agenda to be heard by the City Council with 60 days of the date of the Revised Extension Request. If the City Council determines Developer is in compliance with this Agreement and all other Extension Conditions have been satisfied, then the City Council shall direct the City Manager that upon Developer's payment of any remaining Contributions necessary to obtain the extension, the City Manager shall provide written notice, in a recordable form, that the applicable Extension Request has been granted and the Term shall be extended accordingly. If the City Council determines Developer is not in compliance with this Agreement or one or more of the applicable Extension Conditions have not been satisfied, then the City Council shall document such findings in its action denying the Revised Extension Request. The City Council's decision shall be final, subject to Developer's ability to pursue available remedies as provided in Sections 5.2, 5.3 and 5.4 below. 1.3.5 Standard of Review. The City shall grant each requested extension if the Developer is in compliance with the Development Agreement and if the Developer requesting the extension has met the applicable Extension Conditions. The City's determination whether Developer has met the Extension Conditions shall be based upon objective criteria, such that the decision to extend this Agreement is ministerial, and not discretionary. 1.3.6 Memorandum of Extension. Within ten days after the written request of either Party hereto, the City and Developer agree to execute, acknowledge and record in the Official Records of San Mateo County a memorandum evidencing any approved extension of the Term pursuant to this Section 1.3. 1.4 Force Majeure. Performance by either of the Parties of an obligation hereunder shall be excused during any period of"Permitted Delay." Permitted Delay shall mean delay beyond the reasonable control of a Party including, without limitation, an inability to perform caused by (a) calamities, including without limitation earthquakes, floods, and fire; (b) civil commotion; (c) riots or terrorist acts; (d) strikes or other forms of material labor disputes; (e) shortages of materials or supplies; and (� vandalism. A Party's financial inability to perform shall not be a ground for claiming a Permitted Delay. The Party claiming a Permitted Delay shall notify the 10 ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT