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Section 7.4 No Supersedure. Nothing in this Article 7 shall be deemed to supersede or <br />release a Mortgagee or modify a Mortgagee's obligations under any subdivision or public <br />improvement agreement or other obligation incurred with respect to the Project outside this <br />Agreement, nor shall any provision of this Article 7 constitute an obligation of City to such <br />Mortgagee, except as to the Notice requirements of Section 13.5. <br />Section 7.5 Technical Amendments to this Article 7. City agrees to reasonably consider <br />and approve interpretations and/or technical amendments to the provisions of this Agreement that <br />are required by lenders for the acquisition and construction of the improvements on the Property <br />or any refinancing thereof and to otherwise cooperate in good faith, at Developer's expense, to <br />facilitate Developer's negotiations with lenders. Such interpretations and/or technical amendments <br />shall be made by the City Manager and considered to be a Minor Amendment, as that term is <br />defined in Section 8.2 of this Agreement. <br />ARTICLE 8. AMENDMENT OF AGREEMENT OR PROJECT APPROVALS <br />Section 8.l Amendment of Agreement by Mutual Consent. This Agreement may be <br />terminated, modified or amended from time to time in whole or in part only by mutual written <br />consent of the Parties hereto or their successors -in -interest or assigns, as further provided below. <br />Upon written request of Developer for an amendment or modification of this Agreement, the City <br />Manager or City Manager's designee shall determine whether the requested amendment or <br />modification is a Minor Amendment, as defined in Section 8.2, when considered in light of the <br />Project as a whole. For purposes of this Agreement, the City Manager or City Manager's <br />designee's determination of whether the requested amendment or modification is Minor or Major <br />shall be deemed final and not subject to further appeal. <br />Section 8.2 Definition of Minor Amendments. For purposes of this Agreement, a <br />"Minor Amendment" shall be any change or modification to the Agreement that does not <br />substantially affect the following: <br />A. The Term of this Agreement; <br />B. The permitted uses of the Property; <br />C. Provisions for the reservation or dedication of land; <br />D. Conditions, terms, restrictions, or requirements for subsequent <br />discretionary actions; <br />E. The density or intensity of use of the Property or the maximum height or <br />size of proposed buildings; <br />F. The nature, timing of delivery, or scope of public improvements required <br />by the Project Approvals; <br />G. The amount of any monetary contributions by Developer; <br />28 <br />ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY <br />R EV: 10-22-24 VR <br />