ORD 2134 - Laserfiche WebLink

with respect to any claim by City that Developer has committed a default, and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right(but not the obligation) during the same period available to Developer to cure or remedy, or to commence to cure or remedy,the event of default claimed or the areas of noncompliance set forth in City's notice. Section 5.4 No Supersedure. Nothing in this Article 5 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Project outside this Agreement, nor shall any provision of this Article 5 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 53. Section 5.5 Technical Amendments to this Article 5. City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Project Site or any refinancing thereof and to otherwise cooperate in good faith to facilitate Developer's negotiations with lenders. ARTICLE 6 Miscellaneous Section 6.1 Amendment to Project Approvals or Subsequent Approvals. (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the Director of Community Development or his/her designee shall determine (i)whether the requested amendment or modification is minor when considered m light of the Project as a whole;and(ii)whether the requested amendment or modification is substantially consistent with this Agreement and Applicable Law. If the Director of Community Development or his/her designee finds that the proposed amendment or modification is minor, substantially consistent with this Agreement and Applicable Law, and will result in no new significant impacts not addressed and mitigated in the EIR,the amendment shall be determined to be an"Administrative Project Amendment" and the Director of Community Development or his designee may, except to the extent otherwise required by law, including Pleasanton Municipal Code section 18.68.080.A requiring notice to Planning.Commission and City Council of director's approval of minor planned unit development(PUD)plan amendments, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, minor increases or reductions in the density, minor increases or decreases in the intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, minor variations in color, changes in trail alignments, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project 10