Amendments to Project Approvals. Notwithstanding any other provision of this Development Agreement, Developer may seek and City may review and grant amendments or modifications to the Project Approvals (including the Subsequent Approvals) so long as such amendments or modifications do not cause an amendment to this Agreement or if they cause such an amendment, the Developer and the City shall follow the procedures for amendment of this Development Agreement are set forth in Section 6.1 herein.
Amendments to Project Approvals. Project Approvals (except for this Development Agreement the amendment process for which is set forth in Section 6.1) may be amended or modified or suspended from time to time at the written request of Developer and by Agreement of the City in accordance with (i) the procedures for Project Approval Amendments under City law in existence at the time of the amendment or modification, (ii) the MSASP, and
Amendments to Project Approvals. To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner:
(a) The Planning Director shall have the authority to approve minor administrative changes to the Project Approvals in accordance with, and as defined by, Section L-II 5.8 of the Land Use and Development Code (“Minor Administrative Amendment”).
(b) Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be a Minor Administrative Amendment as set forth above, shall be subject to review, consideration, and action pursuant to the applicable substantive and procedural provisions of the County’s General Plan, zoning, subdivision, and other applicable land use ordinances and regulations in effect when such an amendment or modification request is approved. Any such approved amendment or modification shall be reflected in an amendment to this Agreement and/or its pertinent exhibits. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be a Minor Administrative Amendment or otherwise permitted by this Agreement, shall be considered a new discretionary action by County (“Discretionary Action”) and may be subject to further CEQA review. County shall not be precluded from considering and/or applying any County law or other rule, regulation, standard or policy which is in effect at the time such Discretionary Action is acted upon by County.
Amendments to Project Approvals. Project Approvals (not including this Agreement, the amendment process for which is set forth in Section 9.1 through 9.5) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer at its sole discretion. All amendments to the Project Approvals shall automatically become part of the Project Approvals. The permitted uses of the Property, the maximum density and/or number of residential units, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development as set forth in all such amendments shall be automatically vested pursuant to this Agreement, without requiring an amendment to this Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Law. City shall not request, process, or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer’s prior written consent.
Amendments to Project Approvals. It is contemplated by the Parties that Owner may, from time to time, seek amendments to one or more of the Project Approvals. In the event Owner finds that such an amendment is appropriate or desirable, Owner may apply in writing for an amendment to the Project Approvals to effectuate such change. The Parties acknowledge that City shall be permitted to use its sole and absolute discretion in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other owners. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The City Community Development Director shall be empowered to issue amendments to Project Approvals if authorized by the Jurupa Valley Municipal Code. The Parties agree that any such approved amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.
Amendments to Project Approvals. Project Approvals (except for this Development Agreement, the amendment process for which is set forth in Section 6.2) may be amended or modified from time to time, but only at the written request of Developer (at the City’s discretion, subject to the terms of this Agreement) or with the written consent of Developer (at its sole discretion) and in accordance with Section 3.4 and RMC section 00.00.000.000(A). All amendments to the Project Approvals shall automatically become part of the Project Approvals. The permitted uses of the Property, the maximum density and/or number of residential units and commercial development, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for Site Improvements and financing of Site Improvements, and the other terms and conditions of development as set forth in all such amendments shall be automatically vested pursuant to this Development Agreement, without requiring an amendment to this Development Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, subject to Section 3.
Amendments to Project Approvals. Project Approvals (except for this Development Agreement the amendment process for which is set forth in Section 4.2) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole discretion) and in accordance with Section 2.4. All amendments to the Project Approvals shall automatically become part of the Project Approvals, except to the extent such amendments are considered by the Development Services Director/City Engineer, in his or her sole discretion, to constitute a major amendment. In such case, Developer consents to any major amendment’s review before the Planning Commission for approval or recommendation to the City Council, whose review and approval or denial shall be final. The permitted uses of the Property, the minimum and maximum density and amount of square feet allocated to commercial and retail space or residential units, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development as set forth in all such amendments, except those considered by the Development Services Director/City Engineer to be a major amendment, shall be automatically vested pursuant to this Development Agreement, without requiring an amendment to this Development Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, subject to Section 2.4. City shall not request, process or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer’s prior written consent unless a Project Approval has not been activated within two (2) years of commencement of the Term of this Development Agreement or a Project Approval has expired.
Amendments to Project Approvals. Project Approvals (except for this Agreement, the amendment process for which is set forth in Section 29(a) above) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole discretion) and in accordance with Sections 7, 8, and 9 of this Agreement. All amendments to the Project Approvals shall automatically become part of the Project Approvals and shall be vested hereby, without requiring an amendment to this Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, subject to Sections 7, 8, and 9. The City shall not request, process or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer’s prior written consent. Waiver» . The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party. Severability» . If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining article, section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, Developer or City (in its sole and absolute discretion) may terminate this Agreement by providing written notice of such termination to th...
Amendments to Project Approvals. It is contemplated by the Parties that Owner may, from time to time, seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by the Parties as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations and shall, upon approval by City, continue to constitute the Project Approvals as referenced in this Agreement. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.
Amendments to Project Approvals. Project Approvals (except for this Agreement, the amendment process for which is set forth in Section 29(a) above) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole discretion) and in accordance with Sections 7, 8, and 9 of this Agreement. All amendments to the Project Approvals shall automatically become part of the Project Approvals and shall be vested hereby, without requiring an amendment to this Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, subject to Sections 7, 8, and 9. The City shall not request, process or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer’s prior written consent.
