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City of Pleasanton
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2016
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010516
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12/29/2015 3:26:28 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/5/2016
DESTRUCT DATE
15Y
DOCUMENT NO
01
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with respect to any claim by City that Developer has committed a default, and if City makes a <br /> determination of noncompliance hereunder, City shall likewise serve notice of such <br /> noncompliance on such Mortgagee concurrently with service thereof on Developer. Each <br /> Mortgagee shall have the right (but not the obligation) during the same period available to <br /> Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or <br /> the areas of noncompliance set forth in City's notice. <br /> Section 5.4 No Supersedure. Nothing in this Article 5 shall be deemed to <br /> supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision <br /> improvement agreement or other obligation incurred with respect to the Project outside this <br /> Agreement, nor shall any provision of this Article 5 constitute an obligation of City to such <br /> Mortgagee, except as to the notice requirements of Section 5.3. <br /> Section 5.5 Technical Amendments to this Article 5. City agrees to reasonably <br /> consider and approve interpretations and/or technical amendments to the provisions of this <br /> Agreement that are required by lenders for the acquisition and construction of the improvements <br /> on the Project Site or any refinancing thereof and to otherwise cooperate in good faith to <br /> facilitate Developer's negotiations with lenders. <br /> ARTICLE 6 Miscellaneous <br /> Section 6.1 Amendment to Project Approvals or Subsequent Approvals. <br /> (a) Administrative Project Amendments. Upon the written request of <br /> Developer for an amendment or modification to a Project Approval or Subsequent <br /> Approval, the Director of Community Development or his/her designee shall determine <br /> (i) whether the requested amendment or modification is minor when considered in light <br /> of the Project as a whole; and (ii) whether the requested amendment or modification is <br /> substantially consistent with this Agreement and Applicable Law. If the Director of <br /> Community Development or his/her designee finds that the proposed amendment or <br /> modification is minor, substantially consistent with this Agreement and Applicable Law, <br /> and will result in no new significant impacts not addressed and mitigated in the EIR, the <br /> amendment shall be determined to be an "Administrative Project Amendment" and the <br /> Director of Community Development or his designee may, except to the extent otherwise <br /> required by law, including Pleasanton Municipal Code section 18.68.080.A requiring <br /> notice to Planning Commission and City Council of director's approval of minor planned <br /> unit development (PUD) plan amendments, approve the Administrative Project <br /> Amendment without notice and public hearing. Without limiting the generality of the <br /> foregoing, lot line adjustments, minor increases or reductions in the density. minor <br /> increases or decreases in the intensity, scale or scope of the Project, minor alterations in <br /> vehicle circulation patterns or vehicle access points, minor variations in color, changes in <br /> trail alignments, substitutions of comparable landscaping for any landscaping shown on <br /> any final development plan or landscape plan, variations in the location of structures that <br /> do not substantially alter the design concepts of the Project, variations in the location or <br /> installation of utilities and other infrastructure connections or facilities that do not <br /> substantially alter the design concepts of the Project, and minor adjustments to the Project <br /> 10 <br />
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