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. . I . - In response to Council questions, Port Commission Chairman Smith described the amendments incorporated in Joint Resolution P-1517 approved by the Port Commission and submitted to the Council for its adoption. Chainnan Smith advised that the changes in I....- the adopted Resolution clarified areas of Council and Port concern and did not change the original intent nor planned cooperation of Port tenants and private marinas in the joint effort to enforce Tariff 7. MIS: HOW ARDIRUSKIN. TITLE READ. JOINT RESOLUTION NO. 12946 OF THE CITY OF REDWOOD CITY AND PORT OF REDWOOD CITY FOR THE ENFORCEMENT OF TARIFF 7 OF THE PORT OF REDWOOD CITY (AQUA TERRA PROJECT); ADOPTED BY UNANIMOUS ROLL CALL VOTE. J. Mezes Plaza Project Disposition and Development Agreement (DDA) - 5th Amendment (A companion Resolution of the Redevelopment Agency is on the Redevelopment Agency agenda scheduled immediately foIIowing the conclusion of this Council meeting.) (304, 1402-04) Report: Redevelopment Agency Executive Director, October 28, 1996 Mayor Hartnett described the City and Redevelopment Agency's interest in the Mezes Plaza Project and the need for changes to the DDA which would enhance the development I....- of the project. City AttorneylRedevelopment Agency Attorney Schricker advised that the 5th Amendment to the DDA "amends Section 913 of the Disposition and Development Agreement which deals with the expiration date. As drafted, the Amendment would extend the DDA to November 30, 1996 unless a letter of credit or cash deposit, which is required under the DDA, has been delivered to the Agency; or at the Agency's sole discretion (which is the Council acting in its capacity as the Redevelopment Agency), on an earlier date, if the Agency determines that the University of California has exercised its option to terminate its lease with the developer, or that the Bank of the West which is a lender to the developer, has refused to extend beyond October 31, 1996 its escrow with the developer, the repayment of the developers indebtedness on the first mortgage, those two items give the Agency grounds to terminate the DDA. What I propose doing is to add a revision to that clause which would provide as foIIows: 'In pursuance of the mutual interest of the parties in retaining the UC lease that the Agency may at its sole discretion and option directly communicate with the proposed lessee and propose amendments to the lease or propose other terms and conditions pertaining to the lease or to the lessee's occupancy of the premises which amendments, terms and conditions shall be subject to the Developer's approval which shall not unreasonably be withheld.' - REGULAR COUNCIL MEETING MINUTE BOOK'.INO. 54 OCTOBER28,1996 MINUTES PAGE 4 Page No. 554