Common use of Operating Memoranda Clause in Contracts

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developerthe Developers. During It is anticipated due to the Term term of this Agreement, clarifications Agreement that refinements to this Agreement and the Existing Regulations approvals may be appropriate with respect to the details of performance of the City and Developerthe Developers. If To the extent allowable by law, the Developers shall retain a certain degree of flexibility as provided herein with respect to all matters, items and when, from time to time, during the term of provisions covered in general under this Agreement. When and if the Developers finds it necessary or appropriate to make changes, adjustments or clarifications, the City and Developer agree that such clarifications are necessary or appropriate, they Parties shall effectuate such clarification through operating enter into memoranda (“Operating Memoranda”) approved in writing by the City and DeveloperParties in writing, which, after execution, shall be attached hereto and become part which reference this Section of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperAgreement. Operating memoranda Memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications; therefore, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, authorized upon consultation with, and approval of, Developerwith the Developers, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this to the Agreement which requires compliance with the provisions of Section 8.1 abovethis Agreement pertaining to amendments. The authority to enter into such operating memoranda Operating Memoranda is hereby delegated to the City Manager Manager, and the City Manager is hereby authorized to execute any operating memoranda Memoranda hereunder without further action by the City CouncilCouncil action.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developerthe Developers. During It is anticipated due to the Term term of this Agreement, clarifications Agreement that refinements to this Agreement and the Existing Regulations approvals may be appropriate with respect to the details of performance of the City and Developerthe Developers. If To the extent allowable by law, the Developers shall retain a certain degree of flexibility as provided herein with respect to all matters, items and when, from time to time, during the term of provisions covered in general under this Agreement. When and if the Developers find it necessary or appropriate to make changes, adjustments or clarifications, the City and Developer agree that such clarifications are necessary or appropriate, they Parties shall effectuate such clarification through operating enter into memoranda (“Operating Memoranda”) approved in writing by the City and DeveloperParties in writing, which, after execution, shall be attached hereto and become part which reference this Section of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperAgreement. Operating memoranda Memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications; therefore, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, authorized upon consultation with, and approval of, Developerwith the Developers, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of to this Agreement which requires compliance with the provisions of Section 8.1 abovethis Agreement pertaining to amendments. The authority to enter into such operating memoranda Operating Memoranda is hereby delegated to the City Manager Manager, and the City Manager is hereby xxxxxx authorized to execute any operating memoranda Operating Memoranda hereunder without further action City Council action. Where Tenants request Operating Memoranda, they shall be subject to review and approval by the City CouncilOwner of the subject portion of the Project.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developerthe Owner. During It is anticipated due to the Term term of this Agreement, clarifications thisAgreement that refinements to this Agreement and the Existing Regulations approvals may be appropriate with respect to the details of performance of the City and Developerthe Owner. If To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and when, from time to time, during the term of provisionscovered in general under this Agreement. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications, the City and Developer agree that such clarifications are necessary or appropriate, they Parties shall effectuate such clarification through operating enter into memoranda (“Operating Memoranda”) approved in writing by the City and DeveloperParties in writing, which, after execution, shall be attached hereto and become part which reference this Section of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperAgreement. Operating memoranda Memoranda are not intended to and cannot constitute an amendment to amendmentto this Agreement but mere ministerial clarifications; therefore, therefore public notices and hearings shall not shallnot be required for any operating memorandumrequired. The City Attorney shall be authorized, authorized upon consultation with, and approval of, Developerwith the Owner, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this to the Agreement which requires compliance with the provisions of Section 8.1 abovethis Agreement pertaining to amendments. The authority to enter into such operating memoranda Operating Memoranda is hereby delegated to the City Manager theCity Manager, and the City Manager is hereby authorized to execute any operating memoranda hereunder Memorandahereunder without further action by the City CouncilCouncil action.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations Applicable Rules may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this Agreement hereof which requires compliance with the provisions of Section 8.1 7.6 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager Planning Director (or his or her designee) who is hereby authorized to execute any operating memoranda hereunder without further action by the City Councilaction.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations Applicable Rules may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this Agreement hereof which requires compliance with the provisions of Section 8.1 6.8 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager Planning Director (or his or her designee) who is hereby authorized to execute any operating memoranda hereunder without further action by the City Council.action

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and DeveloperMINI of Santa Xxxxxx. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations may be appropriate with respect to the details of performance of the City and DeveloperMINI of Santa Xxxxxx. If and when, from time to time, during the term of this Agreement, the City and Developer MINI of Santa Xxxxxx agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and DeveloperMINI of Santa Xxxxxx, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperMINI of Santa Xxxxxx. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandum. The City Attorney shall be authorized, upon consultation with, and approval of, DeveloperMINI of Santa Xxxxxx, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum or whether the requested clarification is of such character to constitute an amendment of this Agreement which requires compliance with the provisions of Section 8.1 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby authorized to execute any operating memoranda hereunder without further action by the City Council.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations Applicable Rules may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this Agreement hereof which requires compliance with the provisions of Section 8.1 7.6 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager Planning Director (or his or her designee) who is hereby authorized to execute any operating memoranda hereunder without further action by the City Councilaction.

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between the City and Developer. During Developer(s) and development of the Term of this Agreement, Property hereunder may demonstrate that refinements and clarifications to this Agreement and the Existing Regulations may be are appropriate with respect to the details of performance of the City and DeveloperDeveloper(s). If and when, from time to time, during the term of this Development Agreement, the City and Developer Developer(s) agree that such minor clarifications are necessary or appropriate, they City and Developer(s) shall effectuate such clarification clarifications through operating memoranda approved in writing by the City and DeveloperDeveloper(s), which, after execution, shall be attached hereto as addenda and become a part of this Agreement hereof, and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperDeveloper(s). Operating No such operating memoranda are not intended to and cannot shall constitute an amendment to this Development Agreement but mere ministerial clarifications, therefore requiring public notices and hearings shall not be required for any operating memorandumnotice or hearing. The City Attorney Manager, in consultation with the City Attorney, shall be authorized, upon consultation with, and approval of, Developer, to determine make the determination on behalf of City whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section 1.7.2 or whether the requested clarification is of such a character to constitute an amendment of this Agreement which requires compliance with the provisions of Insubstantial Amendment under Section 8.1 above1.7.1 or a Substantial Amendment under Section 1.7.3, below. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager is hereby shall be authorized to execute any operating memoranda hereunder without further action on behalf of City. An operating memorandum may not vary any provision of this Agreement not permitted to be varied by an Insubstantial Modification as provided in Section 1.7.1, but may constitute the City CouncilParties agreement to add specificity to any requirement herein and may constitute the Parties’ agreement to reallocation of requirements imposed by this Agreement on Developers or among any particular Developer(s).

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations Applicable Rules may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this ofthis Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this Agreement hereof which requires compliance with the provisions of Section 8.1 7.6 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager Planning Director (or his or her designee) who is hereby authorized to execute any operating memoranda hereunder without further action by the City Councilaction.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developerthe Developers. During It is anticipated due to the Term term of this Agreement, clarifications Agreement that refinements to this Agreement and the Existing Regulations approvals may be appropriate with respect to the details of performance of the City and Developerthe Developers. If To the extent allowable by law, the Developers shall retain a certain degree of flexibility as provided herein with respect to all matters, items and when, from time to time, during the term of provisions covered in general under this Agreement. When and if the Developers find it necessary or appropriate to make changes, adjustments or clarifications, the City and Developer agree that such clarifications are necessary or appropriate, they Parties shall effectuate such clarification through operating enter into memoranda ("Operating Memoranda") approved in writing by the City and DeveloperParties in writing, which, after execution, shall be attached hereto and become part which reference this Section of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperAgreement. Operating memoranda Memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications; therefore, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, authorized upon consultation with, and approval of, Developerwith the Developers, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of to this Agreement which requires compliance with the provisions of Section 8.1 abovethis Agreement pertaining to amendments. The authority to enter into such operating memoranda Operating Memoranda is hereby delegated to the City Manager Manager, and the City Manager is hereby xxxxxx authorized to execute any operating memoranda Operating Memoranda hereunder without further action City Council action. Where Tenants request Operating Memoranda, they shall be subject to review and approval by the City CouncilOwner of the subject portion of the Project.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Existing Regulations Applicable Rules may be appropriate with respect to the details of performance of the City and Developer. If and when, from time to time, during the term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which, after execution, shall be attached hereto and become part of this ofthis Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this Agreement hereof which requires compliance with the provisions of Section 8.1 7.6 above. The authority to enter into such operating memoranda is hereby delegated to the City Manager and the City Manager Planning Director (or his or her designee) who is hereby authorized to execute any operating memoranda hereunder without further action by the City Councilaction.

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developerthe Owner. During It is anticipated due to the Term term of this Agreement, clarifications Agreement that refinements to this Agreement and the Existing Regulations approvals may be appropriate with respect to the details of performance of the City and Developerthe Owner. If To the extent allowable by law, the Owner shall retain a certain degree of flexibility as provided herein with respect to all matters, items and when, from time to time, during the term of provisions covered in general under this Agreement. When and if the Owner finds it necessary or appropriate to make changes, adjustments or clarifications, the City and Developer agree that such clarifications are necessary or appropriate, they Parties shall effectuate such clarification through operating enter into memoranda (“Operating Memoranda”) approved in writing by the City and DeveloperParties in writing, which, after execution, shall be attached hereto and become part which reference this Section of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and DeveloperAgreement. Operating memoranda Memoranda are not intended to and cannot constitute an amendment to this Agreement but mere ministerial clarifications; therefore, therefore public notices and hearings shall not be required for any operating memorandumrequired. The City Attorney shall be authorized, authorized upon consultation with, and approval of, Developerwith the Owner, to determine whether a requested clarification may be effectuated pursuant to the execution and delivery of an operating memorandum this Section or whether the requested clarification is of such character to constitute an amendment of this to the Agreement which requires compliance with the provisions of Section 8.1 abovethis Agreement pertaining to amendments. The authority to enter into such operating memoranda Operating Memoranda is hereby delegated to the City Manager theCity Manager, and the City Manager is hereby authorized to execute any operating memoranda Memoranda hereunder without further action by the City CouncilCouncil action.