Common use of City Consent to Modification Clause in Contracts

City Consent to Modification. The Planning Director shall not unreasonably withhold, condition, or delay his or her approval of a request for such Minor Modification. The City may impose fees, exactions, conditions, and mitigation measures in connection with its approval of a Minor or Major Modification, subject to any applicable law. Notwithstanding anything to the contrary herein or in the Existing Regulations, if the Planning Director approves a Minor Modification or if the City approves a Major Modification (and the corresponding amendment to this Agreement for such Major Modification), as the case may be, Developer shall not be required to obtain any other Discretionary Approvals for such modification, except for ARB approval, in the case of certain Major Modifications. Notwithstanding anything to the contrary contained herein, the Developer’s election to construct the Theater with the Lounge Area as depicted in Figure 11B of the Project Plans or construct the Theater without the Lounge Area in accordance with Figure A of the Project shall not require City’s consent or approval, other than ARB approval (if required) and the City’s normal ministerial building permit requirements.