Common use of Administrative Amendments Clause in Contracts

Administrative Amendments. Upon the request of Developer for an amendment or modification or suspension of any Project Approval, the City Manager or his/her designee in consultation with the City Attorney shall make a written determination as to whether the requested amendment or modification or suspension is a “minor adjustment” and shall make such a minor adjustment if (i) it is not above the minor ten percent (10%) increase permitted in the MSASP as described in Section 6.4.2; and/or (ii) substantially conforms with the material terms of this Development Agreement and the Applicable Rules. If the City Manager or his/her designee makes such written determinations, the amendment or modification shall be determined to be an “Administrative Amendment,” and the City Manager or his/her designee may approve the Administrative Amendment, without public notice or a public hearing. In those instances where the City Manager determines (i) the modification is above the minor ten percent (10%) increase permitted in the MSASP as described in Section 6.4.2 and (ii) believes an application for such an Administrative Amendment would not be a minor adjustment or may generate unusual public interest or may generate policy issues, the City Manager may refer the application to the City Council for review and action. The City Manager shall have the discretion as to whether each decision made by the City Manager or pursuant to delegated authority in accordance with this Section shall be voted on by the City Council, Planning Commission, or shall be placed as an information item on the City Council’s agenda, together with a summary of the Administrative Record. In the event that the City Manager has decided that a certain decision shall be placed on the agenda as an information item, and the City Manager thereafter receives a written request for a City Council hearing and action by any member of the City Council or member of the public any time during the review process, then the Administrative Amendment shall be set for City Council hearing and action. Provided that the City Manager believes that such modifications do not conflict with the MSASP and the Project Approvals, minor alterations, including without limitation, the number of additional units and bedroom mix of units that can be built within the approved project residential building envelopes and that are within the number of residential units allowed in the MSASP with requisite parking, vehicle circulation patterns or vehicle access points, minor changes in access alignments, minor variations in the location of structures that do not materially alter the design concepts of the Project, substitution of comparable landscaping for any landscaping shown on any development plan or landscape plan, minor variations in the location or installation of utilities and other infrastructure connections and facilities that do not substantially alter design concepts of the Project, minor amendments to the master sign program, and minor corrections to a subdivision map or the Property legal description shall be deemed to be minor amendments or modifications. Any request of Developer for an amendment or modification to a Project Approval that is determined not to be an Administrative Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Rules and this Agreement.‌

Administrative Amendments. Upon the request of Developer for an amendment or modification or suspension of any Project Approval, the City Manager or his/her designee in consultation with the City Attorney shall make a written determination as to whether the requested amendment or modification or suspension is a “minor adjustment” and shall make such a minor adjustment if (i) it is not above the minor ten percent (10%) increase permitted in the MSASP as described in Section 6.4.2; and/or (ii) substantially conforms with the material terms of this Development Agreement and the Applicable Rules. If the City Manager or his/her designee makes such written determinations, the amendment or modification shall be determined to be an “Administrative Amendment,” and the City Manager or his/her designee may approve the Administrative Amendment, without public notice or a public hearing. In those instances where the City Manager determines (i) the modification is above the minor ten percent (10%) increase permitted in the MSASP as described in Section 6.4.2 and (ii) believes an application for such an Administrative Amendment would not be a minor adjustment or may generate unusual public interest or may generate policy issues, the City Manager may refer the application to the City Council for review and action. The City Manager shall have the discretion as to whether each decision made by the City Manager or pursuant to delegated authority in accordance with this Section shall be voted on by the City Council, Planning Commission, or shall be placed as an information item on the City Council’s agenda, together with a summary of the Administrative Record. In the event that the City Manager has decided that a certain decision shall be placed on the agenda as an information item, and the City Manager thereafter receives a written request for a City Council hearing and action by any member of the City Council or member of the public any time during the review process, then the Administrative Amendment shall be set for City Council hearing and action. Provided that the City Manager believes that such modifications do not conflict with the MSASP and the Project Approvals, minor alterations, including without limitation, the number of additional units and bedroom mix of units that can be built within the approved project residential building envelopes and that are within the number of residential units allowed in the MSASP with requisite parking, vehicle circulation patterns or vehicle access points, minor changes in access alignments, minor variations in the location of structures that do not materially alter the design concepts of the Project, substitution of comparable landscaping for any landscaping shown on any development plan or landscape plan, minor variations in the location or installation of utilities and other infrastructure connections and facilities that do not substantially alter design concepts of the Project, minor amendments to the master sign program, and minor corrections to a subdivision map or the Property legal description shall be deemed to be minor amendments or modifications. Any request of Developer for an amendment or modification to a Project Approval that is determined not to be an Administrative Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Rules and this Agreement.‌Agreement.

Administrative Amendments. Upon the request of Developer for an amendment or modification or suspension of any Project Approval, the City Manager or his/her designee in consultation with the City Attorney shall make a written determination as to whether the requested amendment or modification or suspension is minor when considered in light of the Project as a “minor adjustment” whole and shall make such a minor adjustment if (ia) it is does not above adversely affect the minor ten percent goals of the City stated in Sections F and G; and (10%) increase permitted in the MSASP as described in Section 6.4.2; and/or (iib) substantially conforms with the material terms of this Development Agreement and the Applicable Rules. , including the goals of the City stated in Recitals F and G. If the City Manager or his/her designee makes such written determinations, the amendment or modification shall be determined to be an “Administrative Amendment,” and the City Manager or his/her designee may approve the Administrative Amendment, without public notice or a public hearing. In those instances where the City Manager determines (i) the modification is above the minor ten percent (10%) increase permitted in the MSASP Specific Plan as described in Section 6.4.2 and (ii) believes an application for such an Administrative Amendment would not be a minor adjustment or may generate unusual public interest or may generate policy issues, the City Manager may refer the application to the City Council for review and action. The City Manager shall have the discretion as to whether each decision made by the City Manager or pursuant to delegated authority in accordance with this Section shall be voted on by the City Council, Planning Commission, or shall be placed as an information item on the City Council’s agenda, together with a summary of the Administrative RecordAmendment. In the event that the City Manager has decided that a certain decision shall be placed on the agenda as an information item, and the City Manager thereafter receives a written request for a City Council hearing and action by any member of the City Council or member of the public any time during the review process, then the Administrative Amendment shall be set for City Council hearing and action. Provided that the City Manager believes that such modifications do not conflict with the MSASP and the Specific Plan, Project Approvals, minor alterations, including without limitation, the number of additional units and bedroom mix of units that can be built within the approved project residential building envelopes and that are within the number of residential units allowed alterations in the MSASP with requisite parking, vehicle circulation patterns or vehicle access points, points minor changes in access trail alignments, minor variations in the location of structures that do not materially alter the design concepts of the Project, substitution of comparable landscaping for any landscaping shown on any development plan or landscape plan, minor variations in the location or installation of utilities and other infrastructure connections and facilities that do not substantially alter design concepts of the Project, minor amendments to the master sign program, and minor corrections to a subdivision map or the Property legal description shall be deemed to be minor amendments or modifications. Any request of Developer for an amendment or modification to a Project Approval that is determined not to be an Administrative Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Rules and this Agreement.‌Agreement.