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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; G. The amount of any monetary contributions by Developer; H. The approval of a Substitute Site by the City Council, as set forth in Section 2.2 (D) of this Agreement; I. The approval of a replacement “Qualified Designee” under Section 6.4 of the Affordable Housing Land Donation Agreement; or J. Interpretations or technical amendments that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof pursuant to Section 7.5 of Article 7 (Mortgagee Protection). Section 8.3 Minor Amendment to the Agreement. If the City Manager or designee determines that the amendment or modification is a Minor Amendment to the Agreement as set forth in Section 8.2, the Minor Amendment may be approved by the City Manager or designee in writing as an “Administrative Amendment,” and shall not, except to the extent otherwise required by Applicable City Regulations, require notice or public hearing before the Parties may execute the Administrative Amendment. Section 8.4 Major Amendment Any amendment to this Agreement other than a Minor Amendment as defined in Section 8.2 shall be deemed a “Major Amendment.” Any Major Amendment 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. Section 8.5 Requirement for Writing. No modification, Minor or Major Amendment, or other change to this Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that refers expressly to this Agreement and is signed by duly authorized representatives of both Parties or their successors. The City Manager shall provide a copy of any such change to the City Council within thirty (30) days of its execution. Section 8.6 Amendments to Development Agreement Law. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law as those provisions existed as of the Effective Date of this Agreement. No amendment or addition to those provisions which would materially affect the interpretation or enforceability of this Agreement shall be applicable to this Agreement, unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. In the event of the application of such Changes in the Law, the Parties shall meet in good faith to ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A REV: 04-23-25 VR Page 37 of 336