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7C Page 237 such modifications do not materially alter the City's substantive rights and obligations under this Agreement,nor materially reduce the Developer's duties and obligations hereunder. (b}Amendments in Writin�. This Agreeinent may not be tnodified or amended other than. by a writien instrumen�, executed and acfrnowledged by the Parties, and duly recorded in the Off ca of the San Mateo County Recorder and otherwise in accordance with the procedures of State law. (c) Modif cation Because of Conflict witl�State or Federal Laws. In the event that state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or zziore provisions of this Agreement or require changes in pIans,maps or�ermits approved by ihe City, the Parties sha11 meet and confer in good faith in a reasonable attempt to modify this Agreement to comply witl�snch federal or state law or regulation and to effectuate the purposes and covenants contained herein. Any such amendment or suspension of the Agreement shall be a��roved by#he City Council. (d) Insubstantial Amendments. Natwithstanding the foregoing, any amendment to#hzs Agreement which does not r.elate to(i) the ternn of the Agreement; (ii)th.e permitted uses of the Property; (iiz}provisions for significa;it reservatio�� or dedication of land; (iv) conditions,terms, restrictions or requirements for subseque�2t discretionary actions; (v}the density ar intensity of use of the Project; (vi) the maximum height or size of proposed builduigs; or(vii) monetary contrihutions ar public improveznez�ts l�y Developer, or does not otherwise constitute a significant amendment as determined by tlze City's Community Development Director in the exercise of his reasonable discretion, shall not, except to the extent atl�erwise required by law, require notice or public hearing bcfore the Planning Commission ar the City Counci] before the Parties may execute an amendment hereto. 7.2 Annual Review. (a) T�Zitiation of Review. Not less often than once every twelve months, or more frequently if required by California Government Code Section 658b5.I, the City shall initiate an annual review in compliance with Section 65865.1 by giving written notice Co the Developer. Developer shall provide in connection with such notice evidence, as and when reasonably dcternzined necessary by the Corrzin�u�ity Development Director, to demonstrate Developer's good faith compliance with the provisions of this Agreement and to permit a hearing on such compliatzce if detez-rzained ta be necessary by the Commur�ity Development Director. If the City fnds, on the hasis of substantial evidence, that Beveloper has not complied in good faith wiih the terms and conditions of this Agreement, City may give notice to cure to the Developer. {U) Staff Reports. To the extent practical, City shall deposit in the mail and fax to Develo�er a copy of all staff reports, and related exl�ibits concerning perforn�ance under this AgreemEnt at least five (5) days�rior to a�1y aru�ual review. (c} Costs. Costs reasanably incurred hy City in connection with the annual review shall be paid by Develo�er in accordance with the City's schedule of fees in effect at the timc of review. 1025843-6 �6 DRAFT 12l12/�7 3:00 PM