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"Administrative Project Amendment" and the Director of Community Development or <br /> his designee may, except to the extent otherwise required by law, approve the <br /> Administrative Project Amendment without notice and public hearing. Without limiting <br /> the generality of the foregoing, lot line adjustments, minor increases or reductions in the <br /> density which do not affect the number of required affordable units as described in <br /> Section 3.4 above, minor increases or decreases in the intensity, scale or scope of the <br /> Project, minor alterations in vehicle circulation patterns or vehicle access points, minor <br /> variations in color, changes in trail alignments, substitutions of comparable landscaping <br /> for any landscaping shown on any final development plan or landscape elan, variations in <br /> the location of structures that do not substantially alter the design concepts of the Project, <br /> variations in the location or installation of utilities and other infrastructure connections or <br /> facilities that do not substantially alter the design concepts of the Project, and minor <br /> adjustments to the Project Site diagram or Project Site legal description shall be treated as <br /> Administrative Project Amendments. <br /> (b) Other Project Amendments. Any request of Developer f br an amendment <br /> or modification to a Project Approval or Subsequent Approval which does not satisfy the <br /> requirements for an Administrative Project Amendment shall be subject to the review, <br /> consideration and action by City pursuant to the Applicable Law and this Agreement. <br /> Section 5.2 Amendment of Agreement. This Agreement may be amended from time to time, <br /> in whole or in part, by mutual written consent of the parties hereto or their successors in interest, <br /> as follows: <br /> (a) Administrative Amendments to Agreement. Any amendment to this <br /> Agreement which does not substantially affect(i) the Term of this Agreement, (ii) <br /> permitted uses of the Project Site, (iii) provisions for the reservation or dedication of <br /> land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary <br /> actions, (v) the density or intensity of use of the Project Site or the maximum height or <br /> size of proposed buildings, or (vi) monetary contributions by Developer, shall not, except <br /> to the extent otherwise required by law, require notice or public hearing before the parties <br /> may execute an amendment hereto. Such amendment may be approved by the <br /> Community Development Director who shall make the determination it the context of <br /> the overall Project. <br /> (b) Amendment Exemptions. No amendment of a Project Approval or <br /> Subsequent Approval shall require an amendment to this Agreement. hlstead, any such <br /> amendment automatically shall be deemed to be incorporated into the Project and vested <br /> under this Agreement. <br /> (c) Scope of Amendment. An amendment to this Agreement may properly <br /> address new impacts, if any, resulting from the proposed amendment and shall not serve <br /> as an opportunity for City to revisit vested rights unrelated to such amendment. <br /> Section 5.3 Cooperation in Event of Legal Challenge. In the event of an administrative, legal <br /> or equitable action or other proceeding instituted by any person not a party to this Agreement <br /> challenging the validity of this Agreement or any Project Approval or Subsequent Approval, the <br /> #12772144_v9 9 <br />