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ATTACHMENT6 7.A. - Page 174 Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 7.2 Amendment of this Agreement. 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 Assignees and as further provided below. 7.2.1 Administrative Amendment. Any amendment to this Agreement which does not substantially affect (i) the Term, (ii)permitted uses of the Property, (iii)provisions for the reservation or dedication of land, (iv)the density or intensity of use of the Property or the maximum height or size of proposed buildings or (v) the amount of monetary Contributions by Developer, shall be deemed an "Administrative Amendment" and shall not, except to the extent otherwise required by law, require notice or public hearing before the Parties may execute an amendment hereto. Such Administrative Amendment may be approved by the City's Community Development Director. 7.22 Major Amendment. Any amendment to this Agreement other than an Administrative Amendment shall be deemed a "Major Amendment" and 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. 7.3 Timing of Performance of Conditions of A�roval. Notwithstanding any other provision of this Agreement, Developer may request in writing a change in the time of performance of any Precise Plan requirement or other condition of approval. Any such proposed change shall be subject to approval of the City in its sole discretion. Within a reasonable time of receiving the request, the City Manager or his or her designee shall approve, conditionally approve or deny the requested change. Consideration of requests for approvals may be delayed to the extent City determines additional environmental review is required because of the proposed change. City reserves the right to condition approval of any proposed change in times of performance, upon changes in the timing of other conditions, or mitigation measures. Any proposed change shall be effective only upon City's written approval thereof and Developer's written notice of acceptance of all conditions of approval imposed by City. 7.4 Condemnation. As used herein, "Material Condemnation" means a condemnation of all or a portion of the Property that will have the effect of materially impeding or preventing development of the Project in accordance with this Agreement and the Project Approvals. In the event of a Material Condemnation, Developer may (i)request the City to amend this Agreement in accordance with the Development Agreement Statute and/or to amend the Project Approvals or Applicable City Regulations, which amendment shall not be unreasonably withheld, (ii) decide, in its sole discretion, to challenge the condemnation, or (iii) request that City agree to terminate this Agreement by mutual agreement, which agreement shall not be unreasonably withheld, by giving a written request for termination to the City. If the condemnation is not a Material Condemnation, Developer shall have no right to request termination of this Agreement pursuant to this Section 7.4. OAK#4824-6359-3743 vll 33 ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT REV: 08-14-13 PT