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H. The approval of a Substitute Site by the City Council, as set forth in Section <br />2.2 (D) of this Agreement; or <br />1. Interpretations or technical amendments that are required by lenders for the <br />acquisition and construction of the improvements on the Property or any refinancing thereof <br />pursuant to Section 7.5 of Article 7 (Mortgagee Protection). <br />Section 8.3 Minor Amendment to the A reement. If the City Manager or designee <br />determines that the amendment or modification is a Minor Amendment to the Agreement as set <br />forth in Section 8.2, the Minor Amendment may be approved by the City Manager or designee in <br />writing as an "Administrative Amendment," and shall not, except to the extent otherwise required <br />by Applicable City Regulations, require notice or public hearing before the Parties may execute <br />the Administrative Amendment. <br />Section 8.4 Major Amendment. Any amendment to this Agreement other than a Minor <br />Amendment as defined in Section 8.2 shall be deemed a "Major Amendment." Any Major <br />Amendment shall be subject to approval by the City Council by ordinance following duly noticed <br />public hearing before the Planning Commission and City Council consistent with Government <br />Code sections 65867, 65867.5 and 65868. <br />Section 8.5 Requirement for Writing. No modification, Minor or Major Amendment, <br />or other change to this Agreement or any provision hereof shall be effective for any purpose unless <br />specifically set forth in a writing that refers expressly to this Agreement and is signed by duly <br />authorized representatives of both Parties or their successors. The City Manager shall provide a <br />copy of any such change to the City Council within thirty (30) days of its execution. <br />Section 8.6 Amendments to Development Agreement Law. This Agreement has been <br />entered into in reliance upon the provisions of the Development Agreement Law as those <br />provisions existed as of the Effective Date of this Agreement. No amendment or addition to those <br />provisions which would materially affect the interpretation or enforceability of this Agreement <br />shall be applicable to this Agreement, unless such amendment or addition is specifically required <br />by the California State Legislature, or is mandated by a court of competent jurisdiction. In the <br />event of the application of such Changes in the Law, the Parties shall meet in good faith to <br />determine the feasibility of any modification or suspension that may be necessary to comply with <br />Such Changes in the Law and to determine the effect such modification or suspension would have <br />on the purposes and intent of this Agreement. Following the meeting between the Parties, the <br />provisions of this Agreement may, to the extent feasible, and upon mutual agreement of the Parties, <br />be modified or suspended, but only to the minimum extent necessary to comply with such Changes <br />in the Law. If such Change in the Law is permissive (as opposed to mandatory), this Agreement <br />shall not be affected by same unless the Parties mutually agree in writing to amend this Agreement <br />to permit such applicability. Developer and/or City shall have the right to challenge any Changes <br />in the Law preventing compliance with the terms of this Agreement, and in the event such <br />challenge is successful, this Agreement shall remain unmodified and in full force and effect. <br />29 <br />ATTY/AGR/2024.193-GATEKEEPER DA -1900 BROADWAY <br />REV: 10-22-24 VR <br />