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ARTICLE XVI <br /> AMENDMENTS TO THE AGREEMENT <br /> Section 16.01 Amendments. <br /> a. This Agreement may be amended only by a written agreement signed by City and either(i)Primary <br /> Owner, or (ii) all of the then-current owners of all portions of Cotton Center (other than the individual owners of <br /> occupied single-family, duplex, townhouse or attached single family residential lots); provided, however, an <br /> owner of a portion of Cotton Center (other than an individual owner of an occupied single family, duplex, <br /> townhouse or attached single family residential lot) and the City may amend this Agreement as it relates solely <br /> to such owner's parcel without the joinder of any other landowner, provided that the Primary Owner must be <br /> party to such amendment if the Primary Owner then owns any portion of Cotton Center. In addition, as long as <br /> the Primary Owner owns any portion of Cotton Center, the Primary Owner and City may amend this Agreement <br /> without the joinder of any other landowner. <br /> b. Due to the fact that the Project comprises a significant land area and its development will occur in <br /> phases over a number of years, Owner may request amendments to the Agreement and/or the Concept Plan from <br /> time to time. "Major Amendments" shall be those that(i) increase or decrease the overall number of residential <br /> dwelling units by more than ten percent (10%) of the units depicted on the Concept Plan, (ii) a change to the <br /> general alignment of the arterial roadways identified on the Concept Plan, or (iii) a change to the Concept Plan <br /> that converts more than fifteen percent (15%) of the overall land area (not currently designated for commercial <br /> industrial uses)in Cotton Center to commercial and/or industrial use. Major Amendments to the Concept Plan <br /> Mall require approval by the City Council. Major amendments are not applied to percent changes between <br /> planning areas individually,phases, or Sub-Districts,but to the Property in aggregate. "Minor Amendments" are <br /> all amendments that do not meet the definition of Major Amendments. Minor amendments shall be <br /> administratively approved by the Director. If the Director and Owner dispute the classification of an amendment <br /> as "major" or "minor", the issue shall be referred to the City Manager for determination from the provisions <br /> hereof. If the City Manager and the Owner dispute the classification of an amendment as major or minor, the <br /> issue shall be referred to the City Council for final determination of whether the amendment is "minor" or <br /> "major." If the classification of the disputed amendment is determined to be Major Amendment, the Council <br /> shall decide separately whether to approve the amendment. <br /> c. Amendments to this Agreement or the Concept Plan, whether Major or Minor Amendments, shall <br /> not be considered a waiver of vested rights as described in Section 2.02 <br /> 37 <br />