Common use of Operating Memoranda Clause in Contracts

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through Operating Memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such Operating Memoranda shall be prepared which require a public notice and hearing, and no such Operating Memoranda shall be in conflict with this Agreement or the Project Approvals nor shall such Operating Memoranda be equivalent to or constitute an amendment to this Development Agreement, the VTM or Final Map or the MSASP. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 6.3 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 6.1 above. The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term Term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through Operating Memoranda operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such Operating Memoranda operating memoranda shall be prepared which require a public notice and hearing, and no such Operating Memoranda shall be in conflict with this Agreement or the Project Approvals nor shall such Operating Memoranda be equivalent to or constitute an amendment to this Development Agreement, the VTM Agreement requiring public notice or Final Map or the MSASPhearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 6.3 29(b) or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to this Section 6.1 above29(a). The City Manager shall be authorized to execute any Operating Memoranda operating memoranda hereunder on behalf of City. Developer shall pay Processing Fees to cover the City’s actual and reasonable costs of processing any operating memorandum.

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through Operating Memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such Operating Memoranda shall be prepared which require a public notice and hearing, and no such Operating Memoranda shall be in conflict with this Agreement or the Project Approvals nor shall such Operating Memoranda be equivalent to or constitute an amendment to this Development Agreement, the VTM or Final Map or the MSASP. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 6.3 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 6.1 6.2 above. The City Manager shall be authorized to execute any Operating Memoranda hereunder on behalf of City.