UBLIC HEARING: Director of Development ... - City of Glendale

commence and diligently process all required steps necessary for the implementation of this
Agreemem and development of the Site in accordance with the terms of this Agreement.
Panicipam shall, in a timely manner, provide the City and Agency with all documents, plans,
fees, and other information necessary for the City to carry out its processing obligations. The
City and Agency shall perform all ministerial acts and issue all pemits necessary to effectuate
this Agreement. Processing of all permits and approvals required to be obtained from the City
and {he Agency shall be done on an expedited basis. No additional fees or costs, over and above
the standard fees and costs in effect at the time of submittal for such permits and approvals, shall
be charged to Participant for such expedited processing.
2. Other Governmental Permits. Panicipant may apply in a timely roaMer
for such other permits and approvals as may be required from other governmental or quasigovernmental
agencies having jurisdiction over the Project as may be required for the
development of, or provision of services to, the Project. The City and Agency shall cooperate
with Participant in its endeavors to obtain such pennits and approvals and shall, from time to
rime at the request of Participant, attempt with due diligence and in good faith to cooperate to
ensure the availability of such pennits and approvals, or services, provided such agreements are
reasonable and not detrimental to the City or Agency.
3. Cooperation in the Event of Legal Challenge. In the event of any legal
action instituted by another party or other governmental entity or official challenging the validity
of any provision of this Agreement, the parties hereby agree to affirmatively cooperate in
defending said action; provided that each party shall bear its own costs.
J. [§ 610] Amendments
This Agreemem may be amended from rime to time by mutual consent in writing of the
parties to this Agreement in accordance with Section 65868 of the Development Agreement Act.
Participant shall reimburse the City for its actual eosls, reasonably and necessarily incurred,
including the COSI of any public hearings, LO review any amendments requested by Participant.
K. [§ 611] Assignment
J. The Site, or portions of the Site in the event of subdivision, as well as the
rights and obligations of Participant under this Agreement, may be transferred or assigned in
whole or in part by Pal1.icipant in accordance with the tenns of this Section 611. The consent
of the City and Agency to an assignment of the rights under this Agreement shall not be
unreasonably withheld or delayed in accordance with [he following agreed standards which
provide that the assignee or transferee is a significant, high quality user of the space (taking into
consideration the character, experience and financial viability of the assigm:e) and that there will
be an adequate supply of parking to serve the use. The issue of whether, under the agreed
standards, the Agency is unreasonably withholding its consent to the assignment shall be
submitted to arbitration. Upon assignment or transfer of the rights under this Agreement, the
obligations of Participant and the assignee or transferee shall be joint and several; provided,
however, that upon Agency's approval of the assignee, then the:; assignor shall be relieved of
liability with respect to and obligations with respect to the Site of portions thereof transferred
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