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may effectuate such changes, adjustments or clarifications without prior notice, public hearing or modifications to this Agreement through one or more operating memoranda approved by the Community Development Director and the Developer, which, after execution, shall be attached hereto and become a part hereof; provided, however, that nothing herein shall authorize the delegation of authority to the Community Development Director that is contrary to State and/or Federal Laws. 1.8.6. This Agreement shall also be subject to amendment pursuant to the provisions of Sections 2.4.2. hereof subject to the requirements of the Development Agreement Regulations as specified in subsection 1.8.1. of this Section 1.8. 1.8.7. If and when the Developer acquires by fee ownership or leasehold interest a controlling interest in additional real property for use and/or development in connection with the UP Intermodal Facility (the "Expansion Property"), Developer may elect to have this Agreement apply to such Expansion Property, subject to Developer's reservation of rights with regard to ICCTA preemption, in which event, the term "Property" as used in this Agreement shall include the Expansion Property, the County and Developer shall amend Exhibits A-1 and A-2 of this Agreement to include the Expansion Property within the Property subject to this Agreement, and such amendment shall be recorded in the Official Records of the County of San Joaquin, State of California. 1.9. Significant Actions by Developer, County and Others Necessary to Implement the Existing Approvals. The implementation of the Existing Approvals requires actions by Developer and County, and agreements with other public entities, generally as follows: 1.9.1. Satisfaction of conditions of approval of Other Governmental Entities as set forth in the Use Permit. 1.9.2. Approvals required from Other Governmental Entities in connection with mitigation measures set forth in the Project EIR. 1.9.3. The Developer and County shall cooperate to complete such actions and agreements in the manner and within such times as may be required, it being understood and acknowledged by Developer that the inability to obtain such actions or agreements by others as specified herein and under the Existing Approvals may result in Developer's inability to proceed with development of the Property or any portion thereof and in County's denial of applications for permits and other land use entitlements in connections therewith, until such actions or agreements are either obtained or mutually waived by the parties. SECTION 2. RIGHTS AND LIMITATIONS RELATIVE TO DEVELOPMENT OF THE PROPERTY. 2.1. Permitted Uses and Development Rights. 2.1.1. The Developer shall have the vested right to develop the Property during the Term of this Agreement in accordance with and subject to those terms and conditions of this Agreement, the Existing Approvals, as amended by this Agreement, any Subsequent -19-