RecDoc 2026-002924 Development Agreement 901 El Camino Real

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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 13.5, 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 13.5, or at such other address as shall be designated by City by Notice in writing given to the Mortgagee in like manner. Section 7.4 No Supersedure. Nothing in this Article 7 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 7 constitute an obligation of City to such Mortgagee, except as to the Notice requirements of Section 13.5. Section 7.5 Technical Amendments to this Article 7. City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions ofthis 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. Such interpretations and/or technical amendments shall be made by the City Manager and considered to be a Minor Amendment, as that term is defined in Section 8.2 of this Agreement. ARTICLE 8. AMENDMENT OF AGREEMENT OR PROJECT APPROVALS Section 8.1 Amendment of Agreement by Mutual Consent. This Agreement may be terminated, modified or amended from time to time in whole or in part only by mutual written consent of the Parties hereto or their successors -in -interest or assigns, as further provided below. Upon written request of Developer for an amendment or modification of this Agreement, the City Manager or City Manager's designee shall determine whether the requested amendment or modification is a Minor Amendment, as defined in Section 8.2, when considered in light of the Project as a whole. For purposes of this Agreement, the City Manager or City Manager's designee's determination of whether the requested amendment or modification is a Minor Amendment or a Major Amendment shall be deemed final and not subject to further appeal. Section 8.2 Definition of Minor Amendments. For purposes of this Agreement, a "Minor Amendment" shall be any change or modification to the Agreement that does not substantially affect the following: A. The Term of this Agreement; B. The permitted uses of the Property; C. Provisions for the reservation or dedication of land; D. Conditions, terms, restrictions, or requirements for subsequent discretionary actions; ATTY/AGR/2025.085 — 901 EL CAMINO REAL DA REV: 08-01-25 VR Page 31 of 48