Common use of Minor Modifications Clause in Contracts

Minor Modifications. (a) Any party may propose minor modifications to the SLCHCP or this Agreement by providing notice to all other Parties. Such notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under and implementation of the SLCHCP and on the Covered Species. The Parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other Parties' written approval. If, for any reason, a receiving Party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 13.2 herein. The USFWS will not propose or approve minor modifications to the SLCHCP or this Agreement if the USFWS determines that such modifications would result in operations under and implementation of the SLCHCP that are significantly different from those analyzed in connection with the original SLCHCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original SLCHCP, or additional take not analyzed in connection with the original SLCHCP. (b) Minor modifications to the SLCHCP and IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permits or SLCHCP; (3) correction of land ownership and/or land boundaries; (4) correction of acres of suitable and potential habitat for southwestern willow flycatcher along the Meadow Valley Wash within the Covered Lands pursuant to the SLCHCP. Any upward adjustments to the amount of suitable habitat available in the Meadow Valley Wash does not result in an increase of acreage of suitable habitat authorized to be removed within the term of the permits without a corresponding amendment to the take authorization; (5) inclusion of new non-Federal lands if they leave Federal ownership through public land disposal or other means and have gone through a Section 7 consultation with the USFWS within the SLCHCP Covered Area. This includes new parcels, new and expanded rights-of-ways, and the like. For example, inclusion of new land with very low to low desert tortoise densities proximate to existing development might be included as a minor amendment. The inclusion of additional non-Federal land to the Covered Area that supports desert tortoise habitat, regardless of the density of tortoises on the land, would not be considered a minor amendment if it would result in take of the species above what was authorized under the permits. Inclusion of new non- federal lands will be assessed on a case-by-case basis. Activities that will occur, and may result in take of Covered Species on such lands that was not analyzed either through a section 7 consultation or this HCP, will not be considered a minor modification. (6) minor changes to surveying, monitoring, or reporting protocols; (7) changes in the ad valorem tax rate for the LCLA General Improvement District as described in Section 9.1.1.3 of the SLCHCP, either increased or decreased, as appropriate to support the minimization and mitigation measures; (c) Any other modifications to the SLCHCP or Agreement will be processed as amendments of the permit in accordance with subsection 13.2 of this section.

Minor Modifications. (a) Any party may propose minor modifications to the SLCHCP or this Agreement by providing notice to all other Parties. Such notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under and implementation of the SLCHCP and on the Covered Species. The Parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other Parties' written approval. If, for any reason, a receiving Party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 13.2 herein. The USFWS will not propose or approve minor modifications to the SLCHCP or this Agreement if the USFWS determines that such modifications would result in operations under and implementation of the SLCHCP that are significantly different from those analyzed in connection with the original SLCHCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original SLCHCP, or additional take not analyzed in connection with the original SLCHCP. (b) Minor modifications to the SLCHCP and IA processed pursuant to this subsection may include but are not limited to the following: (1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning; (2) corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permits or SLCHCP; (3) correction of land ownership and/or land boundaries; (4) correction of acres of suitable and potential habitat for southwestern willow flycatcher along the Meadow Valley Wash within the Covered Lands pursuant to the SLCHCP. Any upward adjustments to the amount of suitable habitat available in the Meadow Valley Wash does not result in an increase of acreage of suitable habitat authorized to be removed within the term of the permits without a corresponding amendment to the take authorization; (5) inclusion of new non-Federal lands if they leave Federal ownership through public land disposal or other means and have gone through a Section 7 consultation with the USFWS within the SLCHCP Covered Area. This includes new parcels, new and expanded rights-of-ways, and the like. For example, inclusion of new land with very low to low desert tortoise densities proximate to existing development might be included as a minor amendment. The inclusion of additional non-Federal land to the Covered Area that supports desert tortoise habitat, regardless of the density of tortoises on the land, would not be considered a minor amendment if it would result in take of the species above what was authorized under the permits. Inclusion of new non- federal lands will be assessed on a case-by-case basis. Activities that will occur, and may result in take of Covered Species on such lands that was not analyzed either through a section 7 consultation or this HCP, will not be considered a minor modification. (6) minor changes to surveying, monitoring, or reporting protocols;; or (7) changes in the ad valorem tax rate for the LCLA General Improvement District as described in Section 9.1.1.3 of the SLCHCP, either increased or decreased, as appropriate to support the minimization and mitigation measures;. (c) Any other modifications to the SLCHCP or Agreement will be processed as amendments of the permit in accordance with subsection 13.2 of this section.

Minor Modifications. The Director need not process a minor modification (adescribed below) Any party as a “minor amendment” under PCC 18A.85.040, and may propose give a proposed minor modification a level of notice, circulation and review commensurate with the nature of the proposal, the extent of the modification, the potential impact on third parties, and the extent to which the modification necessitates review by other departments or agencies. The Director shall maintain a written list of approved minor modifications and shall provide that list to the SLCHCP or this Agreement by providing notice to all other PartiesHearing Examiner at least annually. Such notice The Examiner shall include a statement of the reason for determine if the proposed minor modification and an analysis of its environmental effects, including its effects on operations under and implementation of the SLCHCP and on the Covered Species. The Parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other Parties' written approval. If, for any reason, a receiving Party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 13.2 herein. The USFWS will not propose or approve minor modifications to the SLCHCP or this Agreement if the USFWS determines that such modifications would result in operations under and implementation of the SLCHCP that are significantly different from those analyzed in connection is consistent with the original SLCHCPdecision, adverse effects and shall advise the Director of any objection prior to the Director’s decision on the environment proposed modification. Examples of minor modifications that are new or significantly different from those analyzed in connection with the original SLCHCP, or additional take do not analyzed in connection with the original SLCHCP. (b) Minor modifications to the SLCHCP require any substantial circulation and IA processed pursuant to this subsection may review include but are not limited to the following: : (1) corrections changes that address aspects of typographic, grammatical, the development not specifically discussed in the Hearing Examiner decision and similar editing errors that do not change significantly alter the intended meaning; overall plan for the Project; (2) corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes that resolve ambiguities in the permits or SLCHCP; Hearing Examiner’s decision in a manner fully consistent with the intent of that decision; (3) correction changes that alter conditions of land ownership and/or land boundaries; approval in minor ways that are fully consistent with the purpose of the prior condition; (4) correction of acres of suitable changes that modify the site plan to alter road alignments so long as the change is consistent with applicable County standards and potential habitat for southwestern willow flycatcher along the Meadow Valley Wash within the Covered Lands pursuant to the SLCHCP. Any upward adjustments to the amount of suitable habitat available in the Meadow Valley Wash does not result in an increase of acreage of suitable habitat authorized affect the connection to be removed within the term lands outside of the permits without a corresponding amendment to the take authorization; Project boundary; (5) inclusion of new non-Federal lands if they leave Federal ownership through public land disposal or other means and have gone through a Section 7 consultation with the USFWS within the SLCHCP Covered Area. This includes new parcels, new and expanded rights-of-ways, and the like. For example, inclusion of new land with very low to low desert tortoise densities proximate to existing development might be included as a minor amendment. The inclusion of additional non-Federal land to the Covered Area that supports desert tortoise habitat, regardless of the density of tortoises on the land, would not be considered a minor amendment if it would result in take of the species above what was authorized under the permits. Inclusion of new non- federal lands will be assessed on a case-by-case basis. Activities that will occur, and may result in take of Covered Species on such lands that was not analyzed either through a section 7 consultation or this HCP, will not be considered a minor modification. (6) minor changes to surveying, monitoring, or reporting protocols; (7) changes in the ad valorem tax rate for location of alleés as long as the LCLA General Improvement District new location has similar characteristics to the prior location; and (6) changes that adjust the location of uses in such a way as to have no material impact on surrounding uses or the overall character of the development. Notwithstanding the foregoing, pursuant to Condition 42 of the Hearing Examiner’s approval of the Major Amendment to the Tehaleh Employment-Based Planned Community, dated April 7, 2014 (as modified by the Examiner’s April 23, 2014 Order on Reconsideration) (“Major Amendment Decision”), the owner of Parcel O may cause Parcel O to become subject to all, or portions of, the Major Amendment and to all, or portions of, this Tehaleh Development Agreement by submitting a letter to the County prior to April 7, 2017. Upon receipt of such letter, the Tehaleh Development Agreement shall be revised to address Parcel O and the interests of the owner of Parcel O. The Owners of Parcel O shall be responsible to prepare any modifications to the Development Agreement at its expense, and any modifications shall be only those necessary to include Parcel O in the Agreement consistent with existing approvals and shall not affect the substantive rights of XXXX or other property owners. If no such letter is presented, then Parcel O shall remain subject to the Cascadia Development Agreement and EBPC Approvals (as described in Section 9.1.1.3 of the SLCHCPMajor Amendment Decision), either increased meaning that the Major Amendment and Tehaleh Development Agreement shall not be interpreted or decreasedapplied to Parcel O, as appropriate to support and shall not be interpreted or applied in any way that would diminish the minimization existing vesting, zoning, and mitigation measures; (c) Any other modifications to land use rights associated with Parcel O under the SLCHCP or Agreement will be processed as amendments of the permit in accordance with subsection 13.2 of this sectionexisting County approvals and Development Agreement.