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with the opponents. That is the first action. And we ask that you take that action tonight and the next scheduled regular meeting of the Council. The second thing that we have undertaken to do is to ask Flatirons Funding, the owner of the property, to grant an avigation easement to the County of San Mateo, proprietors of the airport, on terms and conditions to be agreed between Flatirons and the County, and in a form acceptable to Electronic Arts Redwood that would ensure the right of planes to fly over in the air space above the site subject to all federal, state, local regulations and in compliance with all procedures applicable thereto. Once those two things have been accomplished, and I am hopeful that we can accomplish the second item prior to or coincident with the approval on September 16, I believe is the next scheduled meeting, coincident with the adoption of the Agreement. Once those two things have been accomplished, the plaintiffs in the action have agreed to dismiss the action with prejudice as to all parties, including the City." Mayor Hartnett said "I take it the they are bound by tht; Agreement to do so provided that you carry out your part of the bargain?" Mr. Keene said "That is correct." Councilman Ruskin asked "Wi!! the disposition of the avigation agreement, will that necessitate changes in the Development Agreement?" Mr. Keene said "No, not at all. That will be an agreement that will actually be a grant of a property right from Flatirons, the current owner of the. . .. title, to the County. It will not affect the Development Agreement in any way." Mayor Hartnett noted that each Council member had received in writing, each of the suggested revisions to the Development Agreement, and all had before them the revised Development Agreement reflecting those changes. Mayor Hartnett asked if anyone else wished to address the Council on this matter. No one came forward. 4) Close the public hearing; MIS: LEIPZIGIBUCHAN TO CLOSE THE PUBLIC HEARING. CARRIED BY UNANIMOUS VOICE VOTE AND HEARING CLOSED AT 9:19 P.M. MINUTE ORDER NO. 96-205 5) Council action; Councilman Claire said "I am going to vote 'no' on the motions.... I am for the project.... I have found that politics is the art of compromise, to a point. I was handed a (very large) packet tonight as I walked into our Executive Session.... and expected to read it during the Council Meeting, but I am not sure how. That's on top of the (even REGULAR COUNCIL MEETING MINUTE BOOK NO. 54 AUGUST 26, 1996 MINUTES PAGE 16 Page No. 453