ORD 2010 - Laserfiche WebLink

Section 7.02. Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of City and SPA or their respective successors and assigns in the manner provided for in the Development Agreement Statute, subject to the following qualifications: (a) Administrative Agreement Amendments. Any amendment to this Agreement which does not substantially affect (i) the Term of this Agreement; (ii)permitted uses of the Project Site; (iii) provisions for the reservation or dedication of land; (iv) conditions, terms, restrictions or requirements for Subsequent Approvals; (v)the density or intensity of use of the Project Site or the maximum height or size of proposed buildings; or (vi) monetary contributions by a Developer, shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. Such amendment may be approved by City resolution. (b) Amendment Exemptions. No Subsequent Approval or amendment to a Project Approval or Subsequent Approval shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Staples Ranch Project and vested under this Agreement subject to Applicable Law. (c) Amendments Applicable to Particular Sites. Unless otherwise so stated, an amendment to this Agreement affecting a portion of the Staples Ranch Project shall only affect the rights and obligations of the Developer of the portion of the Staples Ranch Project so affected. No amendment to this Agreement affecting a portion of the Staples Ranch Project may affect the rights and obligations of a Developer owning an interest in that portion of the Staples Ranch Project without the prior written consent of that Developer. ARTICLE 8. ASSIGNMENT, TRANSFER AND NOTICE Section 8.01. Assignment of Interests, Rights and Obligations. The interests, rights or obligations under this Agreement, the Project Approvals or Subsequent Approvals may be transferred or assigned to Developers or other third parties acquiring an interest or estate in the Project Site or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities. Section 8.02. Assignment and Assumption Agreement. (a) In connection with the transfer or assignment of all or any portion of the Project Site to a transferee or assignee, the transferor or assignor and the transferee or assignee shall enter into a written agreement (an "Assignment and Assumption Agreement") in the form of the agreement attached hereto as Exhibit F. The Assignment and Assumption Agreement shall allocate the respective interests, rights and obligations of the transferor or assignor and 21