Common use of Discretionary Actions Clause in Contracts

Discretionary Actions. The Parties anticipate that the Priority Improvements and Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed in the Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #83356-EIR-658, SCH #2005081077), dated June 18, 2010, on file in the Office of the District Clerk bearing Document No. 56562 (“Project EIR”) in accordance with the California Environmental Quality Act (“CEQA”). However, to the extent that any future improvements, including without limitation the Other Improvements, have not been identified as of the date of this Agreement, such improvements may require further environmental review in accordance with CEQA. This Agreement shall not bind the District and/or City, as applicable, to approving any Special Tax Revenue Projects, or any necessary CEQA analysis for the same, including feasible mitigation measures, project alternatives (without limitation the a “no project alternative”) or a statements of overriding considerations, if required. The Parties understand, acknowledge and agree that, notwithstanding the terms and conditions of this Agreement, the Special Tax Revenue Projects may require discretionary approvals, including without limitation, agreements related to real property or operation, maintenance, servicing or replacement of improvements, California Coastal Act approvals, conditional project approvals and other discretionary permits and entitlements (collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the respective Party to a definite course of action or in any way diminish the respective Party’s exercise of its discretion for any Discretionary Action. Any and all Discretionary Actions may be exercised in the sole and absolute discretion of the respective Party exercising such direction. The Parties assume the risk that a Discretionary Action may not be taken or approved.

Discretionary Actions. The Parties anticipate that the Priority Improvements Improvements, Other Improvements, and Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed in the Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #83356-EIR-658, SCH #2005081077), dated June 18, 2010, on file in the Office of the District Clerk bearing Document No. 56562 (“Project EIR”) in accordance with the California Environmental Quality Act (“CEQA”). However, to the extent that any future improvements, including without limitation the Other ImprovementsAdditional Improvements and Additional O&M, have not been identified as of the date of this Agreement, such improvements may require further environmental review in accordance with CEQA. This Agreement shall not bind the District and/or City, as applicable, to approving any Special Tax Revenue Projects, or any additional CEQA analysis, if any, necessary CEQA analysis for the same, including feasible mitigation measures, project alternatives (without limitation the a “no project alternative”) or a statements of overriding considerations, if required. The Parties understand, acknowledge and agree that, notwithstanding the terms and conditions of this Agreement, the Special Tax Revenue Projects may require discretionary approvals, including without limitation, agreements related to real property or operation, maintenance, servicing or replacement of improvements, California Coastal Act approvals, conditional project approvals and other discretionary permits and entitlements (collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the respective Party to a definite course of action or in any way diminish the respective Party’s exercise of its discretion for any Discretionary Action. Any and all Discretionary Actions may be exercised in the sole and absolute discretion of the respective Party exercising such direction. The Parties assume the risk that a Discretionary Action may not be taken or approved.

Discretionary Actions. The Parties anticipate that Notwithstanding anything to the Priority Improvements and Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed contrary set forth in this Agreement or in the Final Environmental Impact Report for Original ENA, ▇▇▇▇▇▇▇▇▇ acknowledges and agrees as follows: i. District reserves its sole and absolute discretion to approve, disapprove, or condition all actions, which require by Law the Chula Vista Bayfront Master Plan exercise of discretion, including without limitation all legislative and quasi-judicial actions and which District cannot lawfully be committed to by contract (collectively, "Discretionary Action"), and that nothing in this Agreement or the Original ENA will be construed as circumventing or limiting District’s discretion with respect to environmental review required by CEQA (including, without limitation, an EIR, a Mitigated Negative Declaration, or mitigation measures in connection with the CEQA review, or adoption of a “no project” alternative pursuant to CEQA), approval of a Port Master Plan Amendment (UPD #83356-EIR-658, SCH #2005081077“PMPA”), dated June 18CDP, 2010CDP exclusion, on file in the Office or other permits and entitlements, approval of the District Clerk bearing Document No. 56562 (“Project EIR”) in accordance with the California Environmental Quality Act (“CEQA”). However, to the extent that any future improvements, including without limitation the Other Improvements, have not been identified as of the date of this a Definitive Agreement, such improvements may require further environmental review the exercise of eminent domain, code enforcement, and the making of findings and determinations required by Law; ii. compliance with CEQA is a legal precondition to District’s or Board’s commitment or approval of any Discretionary Action, and no Discretionary Action shall be approved or deemed to be approved by District or the Board until the requisite CEQA analysis has been completed and any Proposed Development has been considered and approved by District or the Board in accordance with CEQA’s requirements; iii. This Agreement shall not bind the District and/or City, as applicable, to approving any Special Tax Revenue Projects, or any necessary CEQA analysis for the same, including feasible mitigation measures, project alternatives (without limitation the a “no project alternative”) or a statements of overriding considerations, if required. The Parties understand, acknowledge and agree that, notwithstanding the terms and conditions of this Agreement, the Special Tax Revenue Projects may require discretionary approvals, including without limitation, agreements related to real property or operation, maintenance, servicing or replacement of improvements, California Coastal Act approvals, conditional project approvals and other discretionary permits and entitlements (collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the respective Party to a definite course of action or in any way diminish the respective Party’s exercise of its discretion for any Discretionary Action. Any and all Discretionary Actions may be exercised approved, denied, and/or conditioned by District, in the its sole and absolute discretion determination, and subject to such discretionary standard, no Discretionary Actions will be presented to or considered by District (whether or not acting through the Board) for consideration unless and until all necessary environmental review under CEQA has been completed and certified; and iv. District is in the process of updating the Port Master Plan (“PMPU”), and that the project description for the Proposed Development, including land and water uses, is not sufficiently defined to include the Proposed Development in the PMPU, and any Discretionary Actions for the Proposed Development shall be subject to the Port Master Plan then in effect and controlling as of the respective Party exercising such direction. The Parties assume the risk that a time any Discretionary Action may not be taken or approvedis considered by District.

Discretionary Actions. The Parties anticipate that the Priority Improvements Improvements, Other Improvements, and Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed in the Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #83356-EIR-658, SCH #2005081077), dated June 18, 2010, on file in the Office of the District Clerk bearing Document No. 56562 (“Project EIR”) in accordance with the California Environmental Quality Act (“CEQA”). However, to the extent that any future improvements, including without limitation the Other ImprovementsOtherAdditional Improvements and Additional O&M, have not been identified as of the date of this Agreement, such improvements may require further environmental review in accordance with CEQA. This Agreement shall not bind the District and/or City, as applicable, to approving any Special Tax Revenue Projects, or any necessaryadditional CEQA analysis, if any, necessary CEQA analysis for the same, including feasible mitigation measures, project alternatives (without limitation the a “no project alternative”) or a statements of overriding considerations, if required. The Parties understand, acknowledge and agree that, notwithstanding the terms and conditions of this Agreement, the Special Tax Revenue Projects may require discretionary approvals, including without limitation, agreements related to real property or operation, maintenance, servicing or replacement of improvements, California Coastal Act approvals, conditional project approvals and other discretionary permits and entitlements (collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the respective Party to a definite course of action or in any way diminish the respective Party’s exercise of its discretion for any Discretionary Action. Any and all Discretionary Actions may be exercised in the sole and absolute discretion of the respective Party exercising such direction. The Parties assume the risk that a Discretionary Action may not be taken or approved.