Common use of Amendment and Release Clause in Contracts

Amendment and Release. The City reserves the right, in its sole and absolute discretion, to require that Owner enter into an amendment or update to this Agreement on the terms requested by City upon the happening of any of the following events: (1) Owner’s request for any new building permit; (2) Owner’s request for a certificate of occupancy or a temporary certificate of occupancy; (3) any changes in APN numbers; (4) any changes BMPs or Drainage Management Area; (5) Owner’s request for final inspection on Storm Water Permit No. SW2000-XXX; (6) any failure of a BMP; (7) any material change in applicable law, including the MS4 Permit; (8) any inspection or audit by the City or other governmental agency or issuance of any notice reflecting a violation of applicable law regarding the Property; (9) any changes to the BMPs; or (10) any changes any changes or updates to the Recitals. The terms of this Agreement may be modified only by a written amendment approved by the City and signed by the City Engineer acting on behalf of City, and by Owner or Owner’s successors in interest. This Agreement may be terminated and Owner and the Property released from the covenants set forth herein, by a release, which City may execute if it determines, in consultation with the City Attorney, in its sole and absolute judgment, that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance.