RecDoc2025-003096 Lane 1900 Broadway Owner LLC

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Section 8.7 Amendments to Project Approvals. Project Approvals (not including amendments to this Agreement, as set forth above in Sections 83 through 8.5) may be amended or modified from time to time, subject to the written request of Developer or with the written consent of Developer at its sole discretion. Except as otherwise provided for herein, City shall not request, process, or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer's prior written consent. Amendments to the Project Approvals shall be governed by the Project Approvals and by the Applicable City Regulations. Once approved by City, all amendments shall automatically become part of the Project Approvals, as described in Recital L of this Agreement. Section 8.8 Amendments and CEQA/Mitigation Measures. The City has prepared and certified the DTPP SEIR and the Consistency Checklist, which evaluates the environmental effects of full development, operation, and use of the Project, and has imposed all feasible mitigation measures, including the requirement to design and construct certain improvements or pay the fair share contributions set forth in Section 5.3 above, to reduce the significant environmental effects of the Project. The Parties understand that the DTPP SEIR and the Consistency Checklist are intended to be used not only in connection with the Project Approvals, but also, to the extent legally permitted, in connection with amendments to the Project Approvals. However, the Parties acknowledge that certain amendments may legally require additional analysis under CEQA. For example, a change in the Project Approvals could require additional analysis under CEQA if the triggering conditions identified in CEQA Guidelines Section 15162 are met. In the event supplemental or additional CEQA review is required for an amendment, City shall conduct such supplemental or additional CEQA review to the scope of analysis mandated by CEQA in light of the scope of City's discretion to be exercised in connection with the amendments. Developer acknowledges that, if the City determines based upon supplemental or additional CEQA review that the amendments to the Project Approvals will result in new significant effects or substantially increase the severity of effects that were identified in the DTPP SEIR and the Consistency Checklist, City may require additional feasible mitigation measures necessary to mitigate such impacts, provided however (except as otherwise expressly provided herein) such additional mitigation measures shall not prevent development of the Project for the uses set forth in the Project Approvals. Developer shall comply with the mitigation measures in the DTPP Plan -Wide Amendments MMRP, which reflect the mutually agreed-upon timing of specified improvements and Developer's pro rata share of funding, where applicable. In the event further mitigation measures are identified by such additional environmental review, City may require, and Developer shall comply with, all feasible mitigation measures necessary to substantially lessen new or substantially more severe significant environmental impacts of the Project Approvals, which were not foreseen at the time of execution of this Agreement. ARTICLE 9. SUBSEQUENT APPROVALS AND IMPLEMENTATION Section 9.1 Subsequent Approvals. Certain subsequent land use approvals, entitlements, agreements and permits other than the Project Approvals, will be necessary or desirable for implementation of the Project ("Subsequent Approvals"). The Subsequent Approvals may include, without limitation, the following: amendments to the Project Approvals, approval of the Purchase Agreement, vacation and abandonment of the Spring Street Segment and 30 ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY REV: 10-22-24 VR