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q. �- l05 <br /> _ 2. Roquested Agency's assistance in acquiring the properties Developer has <br /> been unable to acquire or control as of the Effective Date; <br /> 3. Initiated the planning process for a wning text amendment, use pemrit, . <br /> Planned Development Permit, and architectural review (the "Project Approvals'� for the <br /> development of the Project; <br /> 4. Enterod into that certain "Advance Funding Agreement-Redwood City <br /> Redevelopment Agency-Downtown Retail-Cinema Project," dated September 9, 1999 (the <br /> "Advanced Funding Agreement'�, whereby Developer agreed W advance fimds or reimburse <br /> Agency for payment of Agency expenses and consultant services in connection with <br /> unplementing the ERN, including, but not limited to, the costs of planning, environmental <br /> review, acquisirion, relocation, financiai analyses and legal services, but excluding Agency and <br /> City staff time; <br /> 5. Negoriated the terms and conditions of the Initial Agreement; and <br /> 6. Entered into an agreement with the Building and Construction Trades <br /> Council — San Mateo County, committing to construct the Project with only union signatory <br /> contractors and subcontractors. <br /> C. Subsequent to execurion of the Initiat A�eement the Agencv. the Citv and the <br /> Develoner have: <br /> 1. Reconsidered the scope, design and development of certain portions of the <br /> Project as initially described in the Inirial Agreement, and have agreed upon certain changes in <br /> the scope, design and development of the Project, all as hereinafter set forth herein, and have <br /> negotiated the terms of this Agreement, including the Schedule of Performance attached hereto <br /> as Attachment 4(the "Schedule of Performance'�. The Schedule of Performance shall be subject <br /> to revisions from time to time as mutually agreed upon in writing by the Parties. The City and <br /> the Agency, respectively, aclmowledge that the City Manager of the City shall be authorized to <br /> approve on behalf of the City, and the Executive Director of the Agency shall be authorized to <br /> approve on behalf of the Agency, the making of any such revisions to the Schedule of <br /> Performance that aze non-material. <br /> 2. Agreed to enter into this Agreement on the terms and conditions contained <br /> herein. <br /> §104 The Redevelopment Plan <br /> This Agreement is subject to the provisions of the Redevelopment Plan as adopted by <br /> Ordinance No. 1862 and as amended by Ordinance No. 1911, Ordinance No. 2007 and <br /> Ordinance No. 2085 of the City ("Redevelopment Plan") which is incorporated herein by <br /> reference and made a part hereof as though fully set forth herein. <br /> The Agency agrees that prior to the issuance of the Certificate of Completion, no <br /> amendment of the Redevelopment Plan by the Agency which changes the uses or development <br /> permitted on the Project Site or changes the restrictions or controls that apply to the Project Site, <br /> 3 <br /> DOCSSF1:648942.4 <br /> 9975-5 C 14 <br /> 120502 <br />