Common use of Operating Memoranda Clause in Contracts

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Applicable Laws may be appropriate with respect to the details of performance of the City and Developer. If and when from time to time during the Term of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and Developer. Operating memoranda are mere ministerial clarifications and therefore public notices, hearings and CEQA compliance shall not be required unless otherwise provided by applicable law. The authority to enter into such operating memoranda is delegated to the Community Development Director who is hereby authorized to execute any operating memoranda hereunder without future action or approval by the City Council.

Appears in 2 contracts

Sources: Development Agreement, Development Agreement

Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer. During the Term of this Agreement, clarifications to this Agreement and the Applicable Laws Rules may be appropriate with respect to the details of performance of the City and Developer. If and when when, from time to time time, during the Term terms of this Agreement, the City and Developer agree that such clarifications are necessary or appropriate, they shall effectuate such clarification through operating memoranda approved in writing by the City and Developer, which which, after execution, shall be attached hereto and become part of this Agreement and the same may be further clarified from time to time as necessary with future written approval by the City and the Developer. Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a subsequent Discretionary Action to the Project but are mere ministerial clarifications and clarifications, therefore public notices, notices and hearings and CEQA compliance shall not be required unless otherwise provided by applicable lawrequired. The authority to enter into such operating memoranda is delegated to the Community Development Director who is hereby authorized to execute any operating memoranda hereunder without future action or approval by the City Council.Attorney shall be authorized, upon consultation with, and

Appears in 1 contract

Sources: Development Agreement