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08/04/2008 <br /> Section 1. The recitals set forth above are true and correct, and are hereby <br /> incorporated herein by this reference as if fully set forth in their entirety. <br /> Section 2. The Council hereby finds, declares, and concludes as follows: <br /> a. This Council held a duly noticed public hearing on the proposed Amendment to <br /> Ninth Amendment to and Restatement of Development Agreement (the "Tenth <br /> Amendment") on July 28, 2008, at which hearing all persons interested in the <br /> matter were heard or afforded an opportunity to be heard thereon. <br /> b. This Council also acting on behalf of the General Improvement District No. 1-64, <br /> has reviewed and considered all relevant information, including the testimony, <br /> both oral and documentary, made and submitted at the public hearing on the <br /> proposed Tenth Amendment, and all other matters deemed material and <br /> relevant to the proposed Tenth Amendment. <br /> Section 3. In consideration of the foregoing findings, this Council hereby concludes and <br /> declares that the Tenth Amendment by and between the City of Redwood City, Keech <br /> Properties, LLC., and Redwood City General Improvement District No. 1-64 is for the purpose, <br /> inter alia, of (i) specifying the scope of facilities and improvements that need to be constructed <br /> in connection with the development of Area "H", (ii) specifying the extent to which the Fund will <br /> be used to reimburse Keech for the construction of such facilities and improvements, and (iii) <br /> effectively segregating the rights and obligations of the parties under the Agreement as they <br /> relate to Area "H" from all other rights and obligations under the Agreement, and remains <br /> consistent with the General Plan of the City of Redwood City and should be approved. <br /> Section 4. The Tenth Amendment, which amends the Agreement, a copy of which is <br /> on file in the Office of the City Clerk, and incorporated herein by this reference as though fully <br /> set forth herein, is hereby approved, and the City Manager is hereby authorized to execute the <br /> Amendment for and on behalf of the City of Redwood City, and the Mayor of the City of <br /> F:Atty/Ord/Ord.309 2336 <br /> 072108 Muff#511 <br />