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Government Code 5ection 4450, et seq., Government Code Section 11135, et seq., and the <br /> Unruh Civil Rights Act, Civil Code Section 51, et seq. <br /> 7.2 Amendment of this A�,reement. This Agreement may be terminated, modified or <br /> amended from time to time in whole or in part only by mutual written consent of the Parties <br /> hereto or their successors-in-interest or Assignees and as further provided below. <br /> 7.2.1 Administrative Amendment. Any amendment to this Agreement which does not <br /> substantially affect (i) the Term, (ii) permitted uses of the Property, (iii) provisions far the <br /> reservation or dedication of land, (iv) the density or intensity of use of the Property or the <br /> malcimum height or size of proposed buildings or (v) the amount of monetary Contributions by <br /> Developer, shall be deemed an "Administrative Amendment" and shall not, except to the <br /> extent otherwise required by law, require notice or public hearing before the Parties may execute <br /> an amendment hereto. Such Administrative Amendment may be approved by the City's <br /> Community Development Director. <br /> 7.22 Major Amendment. Any amendment to this Agreement other than an <br /> Administrative Amendment shall be deemed a "Major Amendment" and shall be subject to <br /> approval by the City Council by ordinance following duly noticed public hearing before the <br /> Planning Commission and City Council consistent with Government Code sections 65867, <br /> 65867.5 and 65868. <br /> 7.3 Timing of Performance of Conditions of Approval. Notwithstanding any other provision <br /> of this Agreement, Developer may request in writing a change in the time of performance of any <br /> Precise Plan requirement or other condition of approval. Any such proposed change shall be <br /> subject to approval of the City in its sole discretion. Within a reasonable time of receiving the <br /> request, the City Manager or his or her designee shall approve, conditionally approve or deny the <br /> requested change. Consideration of requests for approvals may be delayed to the extent City <br /> determines additional environmental review is required because of the proposed change. City <br /> reserves the right to condition approval of any proposed change in times of performance, upon <br /> changes in the timing of other conditions, or mitigation measures. Any proposed change shall be <br /> effective only upon City's written approval thereof and Developer's written notice of acceptance <br /> of all conditions of approval imposed by City. <br /> 7.4 Condemnation. As used herein, "Material Condemnatiod' means a condemnation of <br /> all or a portion of the Property that will have the effect of materially impeding or preventing <br /> development of the Project in accordance with this Agreement and the Project Approvals. In the <br /> event of a Material Condemnation, Developer may (i) request the City to amend this Agreement <br /> in accordance with the Development Agreement Statute and/or to amend the Project Approvals <br /> or Applicable City Regulations, which amendment shall not be unreasonably withheld, <br /> (ii) decide, in its sole discretion, to challenge the condemnation, ar (iii) request that City agree to <br /> terminate this Agreement by mutual agreement, which agreement shall not be unreasonably <br /> withheld, by giving a written request for termination to the City. If the condemnation is not a <br /> Material Condemnation, Developer shall have no right to request termination of this Agreement <br /> pursuant to this Section 7.4. <br /> 33 <br /> ATTY/AGR/2013.134/STANFORD DEVELOPMENT AGREEMENT <br /> REV: OS-14-13 PT <br />