RecDoc2023-000975 Harbor View Property LLC.

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required to effectuate such cure or remedy, the Mortgagee shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within sixty (60) days after receipt of the copy of the Notice, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy. C. Any Notice or other communication which City shall desire or is required to give to or serve upon the Mortgagee shall be in writing and shall be served in the manner set forth in Section 14.5, addressed to the Mortgagee at the address provided by Mortgagee to City. Any Notice or other communication which Mortgagee shall give to or serve upon City shall be deemed to have been duly given or served if sent in the manner and at City's address as set forth in Section 14.5, or at such other address as shall be designated by City by Notice in writing given to the Mortgagee in like manner. Section 8.4 No Supersedure; Nothing in this ARTICLE 8 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision or public improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this ARTICLE 8 constitute an obligation of City to such Mortgagee, except as to the Notice requirements of Section 8.3. Section 8.5 Technical Amendments to this ARTICLE 8, City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith, at Developer's expense, to facilitate Developer's negotiations with lenders. ARTICLE 9. AMENDMENT OF AGREEMENT AND EXISTING APPROVALS Section 9.1 Amendment of Agreement by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the Parties hereto or their successors - in -interest or assigns. Section 9.2 Insubstantial Amendments to Agreement. Any amendment to this Agreement which does not substantially affect (a) the Term of this Agreement, (b) permitted uses of the Property, (c) provisions for the reservation or dedication of land, (d) conditions, terms, restrictions, or requirements for subsequent discretionary actions, (e) the density or intensity of use of the Property or the maximum height or size of proposed buildings, (f) the nature, timing of delivery, or scope of public improvements required by the Project Approvals, or (g) the amount of any monetary contributions by Developer, shall be deemed an "Insubstantial Amendment" and shall not, except to the extent otherwise required by Applicable Law, require notice or public hearing before the Parties may execute an amendment hereto. Such Insubstantial Amendment may be approved by the City Manager. Section 9.3 Maior Amendment. Any amendment to this Agreement other than an Insubstantial Amendment shall be deemed a "Major Amendment" and shall be subject to approval by the City Council by ordinance following duly noticed public hearing before the Planning Commission and City Council consistent with Government Code sections 65867, 65867.5 and 65868. ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT REV: 10-28-2022 VR 24